The words "every person who at the time the offence was committed", occurring in Section 141 (1) of Negotiable Instruments Act indicate that criminal liability of a director of company must be determined on the date the offence is alleged to have been committed.If the cheques are issued by the company after the director has resigned from the company, the said director has nothing to do with the affairs of the company. No prosecution can be launched against such director and he cannot be held vicariously liable for the acts of the company.
Harshendra Kumar -vs- Rebatilata Koley reported at 2011 (2) Scale 278.
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