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    <title>2021 (3) TMI 446 - DELHI HIGH COURT</title>
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    <description>In proceedings under Section 138 of the Negotiable Instruments Act, a non-signatory director&#039;s plea that he was not personally involved or in charge of the company&#039;s affairs could not be resolved under Section 482 of the Code of Criminal Procedure where the complaint contained specific averments of his involvement. Such defences raised disputed questions of fact requiring evidence and were therefore matters for trial, especially in light of the presumptions under Sections 118 and 139 and the summary procedure contemplated by Sections 143 and 145, including affidavit evidence and recall of witnesses only on proper application. The quashing petition was not maintainable at the Section 482 stage and the trial was permitted to continue.</description>
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      <title>2021 (3) TMI 446 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=405118</link>
      <description>In proceedings under Section 138 of the Negotiable Instruments Act, a non-signatory director&#039;s plea that he was not personally involved or in charge of the company&#039;s affairs could not be resolved under Section 482 of the Code of Criminal Procedure where the complaint contained specific averments of his involvement. Such defences raised disputed questions of fact requiring evidence and were therefore matters for trial, especially in light of the presumptions under Sections 118 and 139 and the summary procedure contemplated by Sections 143 and 145, including affidavit evidence and recall of witnesses only on proper application. The quashing petition was not maintainable at the Section 482 stage and the trial was permitted to continue.</description>
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