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    <title>2023 (4) TMI 1009 - CALCUTTA HIGH COURT</title>
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    <description>An erstwhile director who resigned before the cheques were issued and was not shown to be a signatory or in charge of the company&#039;s affairs could not be prosecuted under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881. The Court relied on undisputed, unimpeachable documents showing that the petitioners had ceased to be directors before the alleged offence arose, and held that continuation of the criminal proceedings would be unjust and an abuse of process. The revisions were allowed and the prosecution against the petitioners was quashed.</description>
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      <description>An erstwhile director who resigned before the cheques were issued and was not shown to be a signatory or in charge of the company&#039;s affairs could not be prosecuted under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881. The Court relied on undisputed, unimpeachable documents showing that the petitioners had ceased to be directors before the alleged offence arose, and held that continuation of the criminal proceedings would be unjust and an abuse of process. The revisions were allowed and the prosecution against the petitioners was quashed.</description>
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