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    <title>2012 (2) TMI 675 - GUJARAT HIGH COURT</title>
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    <description>A criminal complaint under the Negotiable Instruments Act against a company director was not quashed because the complaint itself contained averments that the director was responsible for the company&#039;s business affairs and in charge of its affairs. For offences under sections 138 and 141, the sufficiency of such pleadings is assessed from the complaint, and the director&#039;s actual role depends on the allegations and facts. The assertion that the director was only a non-executive director was treated as a defence issue for trial, not a ground for quashing at the threshold. Inherent jurisdiction under section 482 CrPC was therefore held unwarranted, and the prosecution was permitted to continue.</description>
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    <pubDate>Tue, 07 Feb 2012 00:00:00 +0530</pubDate>
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      <title>2012 (2) TMI 675 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=279714</link>
      <description>A criminal complaint under the Negotiable Instruments Act against a company director was not quashed because the complaint itself contained averments that the director was responsible for the company&#039;s business affairs and in charge of its affairs. For offences under sections 138 and 141, the sufficiency of such pleadings is assessed from the complaint, and the director&#039;s actual role depends on the allegations and facts. The assertion that the director was only a non-executive director was treated as a defence issue for trial, not a ground for quashing at the threshold. Inherent jurisdiction under section 482 CrPC was therefore held unwarranted, and the prosecution was permitted to continue.</description>
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