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    <title>2013 (11) TMI 1750 - DELHI HIGH COURT</title>
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    <description>A criminal complaint and summoning order against a company director were not quashed because the complaint disclosed a prima facie case at the summons stage, where only limited scrutiny is required. The absence of a Section 305 CrPC nomination by the accused company did not defeat the prosecution at the threshold, as that option is to be exercised after summons. Cognizance is of the offence, not the offender, and the question whether proceedings should continue against a particular accused was left for consideration at the Section 251 notice stage. The petitioner was granted liberty to raise all available objections before the trial court.</description>
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    <pubDate>Mon, 18 Nov 2013 00:00:00 +0530</pubDate>
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      <title>2013 (11) TMI 1750 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=281641</link>
      <description>A criminal complaint and summoning order against a company director were not quashed because the complaint disclosed a prima facie case at the summons stage, where only limited scrutiny is required. The absence of a Section 305 CrPC nomination by the accused company did not defeat the prosecution at the threshold, as that option is to be exercised after summons. Cognizance is of the offence, not the offender, and the question whether proceedings should continue against a particular accused was left for consideration at the Section 251 notice stage. The petitioner was granted liberty to raise all available objections before the trial court.</description>
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      <pubDate>Mon, 18 Nov 2013 00:00:00 +0530</pubDate>
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