Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 -- Cheque bounce complaint – Vicarious liability – Proclaimed person – Quashing of proceedings -- Complaints are silent qua any active role of the petitioner in the business of the company -- Petitioner was merely an Independent Director, had resigned prior to the issuance of most cheques, and was not a signatory to any of them -- Even for the limited period during which he rejoined the Board, there is no material brought forth or any material to suggest his involvement in the financial decisions of the company -- Complaints, summoning orders, and subsequent proceedings, including the declaration of the petitioner as a ‘Proclaimed Offender’/‘Proclaimed Person’ in the criminal complaints cannot be sustained in the absence of the foundational ingredients required u/s 141 of the Act – Proceedings quashed.
