Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (8) TMI HC This

  • Login
  • Cases Cited
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

2022 (8) TMI 1330 - HC - Indian Laws


Issues:
Petition for quashing of summoning order under section 482 Cr.P.C.

Analysis:
The respondent filed a complaint under section 138 of the Negotiable Instruments Act, 1881 against multiple accused, including the petitioner, for issuing cheques that bounced due to insufficient funds. The Magistrate, based on presummoning evidence, issued summons to all accused, including the petitioner. The petitioner challenged the summoning order, claiming to have resigned as Director of the accused company before the issuance of the cheques. The petitioner presented evidence of resignation through FORM 32 and relied on relevant case laws to support the claim.

During the proceedings, it was established that at the time of cheque issuance, the petitioner was not a functional Director of the accused company as mentioned in the complaint. The respondent acknowledged this discrepancy and did not oppose the quashing of proceedings against the petitioner. It was evident that the petitioner had resigned from the directorship before the alleged offense took place.

Considering the facts and submissions, the court allowed the petition and quashed the proceedings against the petitioner in the complaint. The court disposed of the petition along with any pending applications. The judgment emphasized the importance of verifying the status of accused individuals at the time of alleged offenses to ensure fair legal proceedings and avoid unnecessary harassment.

 

 

 

 

Quick Updates:Latest Updates