https://www.taxtmi.com/caselaws?id=348876 In a Madras HC analysis of cheque-dishonour liability, adjudged insolvency was held not to bar prosecution under Section 138 of the Negotiable Instruments Act because insolvency protection extends only to civil liability, not to the statutory criminal offence for dishonour of cheque. The Court also held that a plea of retirement from a partnership firm could not be accepted in quash proceedings where compliance with statutory retirement requirements, such as notice and publication, remained disputed; those matters require evidence at trial and cannot ordinarily be decided under Section 482 CrPC. As a result, the petitions for quashing failed and the criminal proceedings were allowed to continue. en-us Tue, 19 Sep 2017 00:00:00 +0530 Mon, 23 Oct 2017 16:35:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=348876 In a Madras HC analysis of cheque-dishonour liability, adjudged insolvency was held not to bar prosecution under Section 138 of the Negotiable Instruments Act because insolvency protection extends only to civil liability, not to the statutory criminal offence for dishonour of cheque. The Court also held that a plea of retirement from a partnership firm could not be accepted in quash proceedings where compliance with statutory retirement requirements, such as notice and publication, remained disputed; those matters require evidence at trial and cannot ordinarily be decided under Section 482 CrPC. As a result, the petitions for quashing failed and the criminal proceedings were allowed to continue. Case-Laws Indian Laws Tue, 19 Sep 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=348876