https://www.taxtmi.com/caselaws?id=304332 In a prosecution under Section 138 of the Negotiable Instruments Act against company directors, a complaint with the basic Section 141 averment that they were active in the company's day-to-day affairs would ordinarily justify trial. However, the court accepted a certified Form 32 as an uncontroverted public document showing that the petitioners had resigned before the cheque was issued. As the resignation was decisive and of unquestionable authenticity at the prima facie stage, continuation of the proceedings was treated as an abuse of process. The criminal proceedings against the petitioners were therefore quashed. en-us Thu, 29 Nov 2018 00:00:00 +0530 Wed, 21 Sep 2022 07:37:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=304332 In a prosecution under Section 138 of the Negotiable Instruments Act against company directors, a complaint with the basic Section 141 averment that they were active in the company's day-to-day affairs would ordinarily justify trial. However, the court accepted a certified Form 32 as an uncontroverted public document showing that the petitioners had resigned before the cheque was issued. As the resignation was decisive and of unquestionable authenticity at the prima facie stage, continuation of the proceedings was treated as an abuse of process. The criminal proceedings against the petitioners were therefore quashed. Case-Laws Indian Laws Thu, 29 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=304332