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    <title>2012 (10) TMI 1239 - MADHYA PRADESH HIGH COURT</title>
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    <description>Complaints for cheque dishonour were treated as sustainable where demand notice was served on the director who signed the cheques, future-dated cheques became actionable on maturity, and the statutory presumption under Section 139 supported the existence of a legally recoverable liability. The company&#039;s liquidation and the petitioner&#039;s resignation were not treated as grounds to defeat prosecution at the quashing stage, and the limitation objection failed on the pleaded facts. For vicarious liability, the complaint was read as a whole and its averments that the petitioner was Chairman and ible for the company&#039;s affairs were held sufficient to require trial. Inherent power under Section 482 was therefore not exercised to terminate the proceedings at the threshold.</description>
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    <pubDate>Wed, 31 Oct 2012 00:00:00 +0530</pubDate>
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      <title>2012 (10) TMI 1239 - MADHYA PRADESH HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=295569</link>
      <description>Complaints for cheque dishonour were treated as sustainable where demand notice was served on the director who signed the cheques, future-dated cheques became actionable on maturity, and the statutory presumption under Section 139 supported the existence of a legally recoverable liability. The company&#039;s liquidation and the petitioner&#039;s resignation were not treated as grounds to defeat prosecution at the quashing stage, and the limitation objection failed on the pleaded facts. For vicarious liability, the complaint was read as a whole and its averments that the petitioner was Chairman and ible for the company&#039;s affairs were held sufficient to require trial. Inherent power under Section 482 was therefore not exercised to terminate the proceedings at the threshold.</description>
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