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    <title>2004 (3) TMI 826 - KARNATAKA HIGH COURT</title>
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    <description>In Section 138 NI Act prosecutions, printed cognizance formats did not by themselves show non-application of judicial mind where sworn statements and the record supported issuance of process, so quashing on that ground was refused. Complaints with specific averments that the accused were directors responsible for day-to-day affairs and issuance of cheques were treated as sufficient to proceed, with the extent of responsibility left for trial. Where parties raised disputed questions about whether petitioners had ceased to be directors or were unconnected with the company, those factual disputes were held unsuitable for determination under Section 482 CrPC, though one connected prosecution was quashed when unopposed.</description>
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    <pubDate>Thu, 11 Mar 2004 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=304237</link>
      <description>In Section 138 NI Act prosecutions, printed cognizance formats did not by themselves show non-application of judicial mind where sworn statements and the record supported issuance of process, so quashing on that ground was refused. Complaints with specific averments that the accused were directors responsible for day-to-day affairs and issuance of cheques were treated as sufficient to proceed, with the extent of responsibility left for trial. Where parties raised disputed questions about whether petitioners had ceased to be directors or were unconnected with the company, those factual disputes were held unsuitable for determination under Section 482 CrPC, though one connected prosecution was quashed when unopposed.</description>
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