Rajesh Viren Shah vs Redington (India) Limited 2024 INSC 111 – Ss 138,141 NI Act – Resignation Of Directors

Negotiable Instruments Act, 1881; Section 138, 141 – Whether a Director who has resigned from such position and which fact stands recorded in the books as per the relevant rules and statutory provisions, can be held liable for certain negotiable instruments, failing realization ? In this case, resignations have taken place on 9 th December 2013 and 12th March 2014 -Cheques issued on 22nd March 2014. The latter is clearly, after the accused have severed their ties with the Company and, therefore, can in no way be responsible for the conduct of business at the relevant time. Therefore, they ought to be then entitled to be discharged from prosecution.

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