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TMI Blog2016 (9) TMI 1157X X X X Extracts X X X X X X X X Extracts X X X X ..... rd April, 2004 and 7th April, 2004 showing an ante-dated resignation of the Directors w.e.f. 20th March, 2000 and 6th September, 2002 of Nimish Maheshwari and Brij Maheshwari respectively, thus it was not sufficient to absolve the liability under the Negotiable Instruments Act. The certificates filed do not prove conclusively that the petitioners actually resigned on 30th March, 2000 and 6th Septe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esented by: Mr. Abhishek Anand, Advocate. MS. MUKTA GUPTA 1. By the present petitions the petitioners Nimish Maheshwari and Brij Maheshwari seek quashing of the proceedings in complaint case under Sections 138 of the Negotiable Instruments Act, 1881 (in short NI Act ) for dishonor of cheque No.003817 dated 31st December, 2003 for a sum of ₹ 49,75,641/- drawn at State Bank of Trava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9,75,641/-. 3. The case of the petitioners is that the petitioner Nimish Maheshwari resigned as the Director of the company on 30th March, 2000 and Brij Maheshwari w.e.f. 6th September, 2002 and thus they could not have been summoned as the accused. 4. When the matter came up before this Court for hearing on 22nd November, 2011, copy of the Form-32 submitted with the Registrar of Companies ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide D. No.31. . 6. The contention of learned counsel for the respondent is that Forms-32 as placed on record were filed on 23rd April, 2004 and 7th April, 2004 showing an ante-dated resignation of the Directors w.e.f. 20th March, 2000 and 6th September, 2002 of Nimish Maheshwari and Brij Maheshwari respectively, thus it was not sufficient to absolve the liability under the Negotiable Instrumen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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