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    <title>2018 (8) TMI 1599 - BOMBAY HIGH COURT</title>
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    <description>Specific averments that directors were in charge of and responsible for the company&#039;s business, and had dealt personally with the complainant, were held sufficient to justify issuance of process under Sections 138 and 141 of the Negotiable Instruments Act. Defences disputing their role raised matters for trial, and quashing was not warranted absent unimpeachable material showing they could never have been responsible for the company&#039;s affairs. The absence of an inquiry under Section 202 of the Code of Criminal Procedure did not vitiate the process, as that inquiry was not treated as mandatory in this class of proceedings where sufficient material already existed before the court.</description>
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      <description>Specific averments that directors were in charge of and responsible for the company&#039;s business, and had dealt personally with the complainant, were held sufficient to justify issuance of process under Sections 138 and 141 of the Negotiable Instruments Act. Defences disputing their role raised matters for trial, and quashing was not warranted absent unimpeachable material showing they could never have been responsible for the company&#039;s affairs. The absence of an inquiry under Section 202 of the Code of Criminal Procedure did not vitiate the process, as that inquiry was not treated as mandatory in this class of proceedings where sufficient material already existed before the court.</description>
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