Section 141, The NI Act II

In light of S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla, (2005) 8 SCC 89 in addition to asserting Directors are in-charge and responsible for conduct of business, if statutory compliance of Section 141 has been made – it is not open for High Courts to interfere under Section 482, CrPC unless it comes across some unimpeachable, incontrovertible evidence which is beyond suspicion or doubt or totally acceptable circumstances which may clearly indicate, Director could not have been concerned with issuance of cheques and asking him to stand trial would be abuse of process of Court.  

Hon’ble Justice A Rastogi, Ashutosh Ashok Parasrampuriya v. M/s. Gharrkul Industries Pvt. Ltd., [Criminal Appeal No. 1206 of 2021].