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    <title>2018 (6) TMI 1370 - MADRAS HIGH COURT</title>
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    <description>A complaint under Section 138 of the Negotiable Instruments Act is not defeated at the threshold merely because one director resigned before cheque presentation, where the cheques were issued during his tenure and the complaint contains prima facie averments of participation and day-to-day control under Section 141. Non-compliance with Section 202 of the Code of Criminal Procedure is not, by itself, a ground to quash where the dispute arises from known commercial dealings and the complaint is otherwise within jurisdiction. A return memo describing the cheque as &quot;account closed&quot; instead of &quot;account frozen&quot; also does not warrant quashing when the cheques were timely presented, no notice reply was sent, and the underlying dishonour remains established.</description>
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    <pubDate>Mon, 18 Jun 2018 00:00:00 +0530</pubDate>
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      <description>A complaint under Section 138 of the Negotiable Instruments Act is not defeated at the threshold merely because one director resigned before cheque presentation, where the cheques were issued during his tenure and the complaint contains prima facie averments of participation and day-to-day control under Section 141. Non-compliance with Section 202 of the Code of Criminal Procedure is not, by itself, a ground to quash where the dispute arises from known commercial dealings and the complaint is otherwise within jurisdiction. A return memo describing the cheque as &quot;account closed&quot; instead of &quot;account frozen&quot; also does not warrant quashing when the cheques were timely presented, no notice reply was sent, and the underlying dishonour remains established.</description>
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