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    <title>2019 (2) TMI 544 - BOMBAY HIGH COURT</title>
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    <description>A complaint seeking prosecution of partners under section 141 of the Negotiable Instruments Act must contain basic averments that they were in charge of and responsible for the firm&#039;s business at the relevant time. The complaint here did so by alleging that the accused controlled the firm, handled day-to-day affairs, purchased goods, made payments, and were authorised to sign cheques, which was sufficient to sustain issuance of process. Material relied on to deny their role did not conclusively negate those averments, and the rare threshold for quashing under section 482 CrPC on the basis of unimpeachable material was not met. The challenge to process issuance therefore failed.</description>
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    <pubDate>Fri, 08 Feb 2019 00:00:00 +0530</pubDate>
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      <title>2019 (2) TMI 544 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=374917</link>
      <description>A complaint seeking prosecution of partners under section 141 of the Negotiable Instruments Act must contain basic averments that they were in charge of and responsible for the firm&#039;s business at the relevant time. The complaint here did so by alleging that the accused controlled the firm, handled day-to-day affairs, purchased goods, made payments, and were authorised to sign cheques, which was sufficient to sustain issuance of process. Material relied on to deny their role did not conclusively negate those averments, and the rare threshold for quashing under section 482 CrPC on the basis of unimpeachable material was not met. The challenge to process issuance therefore failed.</description>
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