https://www.taxtmi.com/caselaws?id=424528 A challenge to a cheque dishonour complaint under Section 138 of the Negotiable Instruments Act, based on a director's alleged resignation before the offence and the absence of specific averments about his role, was held to raise factual questions that could not be decided under Section 482 CrPC. The court treated the resignation documents, company records, and the applicability of Section 141 NI Act as matters requiring evidence at trial. The defence that the accused was no longer in control of the company was therefore not a ground for quashing at the threshold unless the complaint was patently unsustainable. The quashing petition was rejected. en-us Fri, 17 Jun 2022 00:00:00 +0530 Mon, 04 Jul 2022 09:06:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=424528 A challenge to a cheque dishonour complaint under Section 138 of the Negotiable Instruments Act, based on a director's alleged resignation before the offence and the absence of specific averments about his role, was held to raise factual questions that could not be decided under Section 482 CrPC. The court treated the resignation documents, company records, and the applicability of Section 141 NI Act as matters requiring evidence at trial. The defence that the accused was no longer in control of the company was therefore not a ground for quashing at the threshold unless the complaint was patently unsustainable. The quashing petition was rejected. Case-Laws Indian Laws Fri, 17 Jun 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=424528