https://www.taxtmi.com/caselaws?id=214990 A former director who had resigned before the dishonoured cheques were issued could not be proceeded against under Section 138 of the Negotiable Instruments Act where Form 32 and the certified annual return filed with the Registrar of Companies showed cessation of directorship. The Court treated the annual return as a public document with evidentiary value under the Companies Act, 1956 and Section 74(2) of the Evidence Act. It also noted that the complaint contained only a bald assertion that the director was in charge of and responsible for the company's business, without specific averments of role. On those materials, continuation of the prosecution was an abuse of process and quashing was justified. en-us Tue, 08 Nov 2011 00:00:00 +0530 Fri, 02 Jan 2015 12:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=214990 A former director who had resigned before the dishonoured cheques were issued could not be proceeded against under Section 138 of the Negotiable Instruments Act where Form 32 and the certified annual return filed with the Registrar of Companies showed cessation of directorship. The Court treated the annual return as a public document with evidentiary value under the Companies Act, 1956 and Section 74(2) of the Evidence Act. It also noted that the complaint contained only a bald assertion that the director was in charge of and responsible for the company's business, without specific averments of role. On those materials, continuation of the prosecution was an abuse of process and quashing was justified. Case-Laws Companies Law Tue, 08 Nov 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=214990