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HC dismisses petition challenging criminal proceedings for cheque dishonour. The court held that the petitioner, a former partner, cannot summarily escape liability under Section 138 read with Section 141 of NI Act. The retirement from partnership and potential non-responsibility are disputed factual matters requiring evidentiary determination at trial. No unimpeachable evidence was presented to conclusively establish the petitioner's non-liability. The court emphasized that Section 482 CrPC proceedings are not appropriate for resolving complex factual disputes. Consequently, the criminal proceedings against the petitioner shall continue, with the trial court to adjudicate the substantive liability issues.
HC dismisses petition challenging criminal proceedings for cheque dishonour. The court held that the petitioner, a former partner, cannot summarily escape liability under Section 138 read with Section 141 of NI Act. The retirement from partnership and potential non-responsibility are disputed factual matters requiring evidentiary determination at trial. No unimpeachable evidence was presented to conclusively establish the petitioner's non-liability. The court emphasized that Section 482 CrPC proceedings are not appropriate for resolving complex factual disputes. Consequently, the criminal proceedings against the petitioner shall continue, with the trial court to adjudicate the substantive liability issues.
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