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    <title>2023 (5) TMI 509 - DELHI HIGH COURT</title>
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    <description>Quashing under Section 482 CrPC was found inappropriate where the complaint under Sections 138 and 141 of the Negotiable Instruments Act contained specific averments that the accused were in charge of and responsible for the company&#039;s business, or had consented to or connived in the offence. The High Court noted that the accompanying material, including minutes and role-based allegations against the directors and company secretary, provided a prima facie factual foundation. Disputes about absence from India or lack of day-to-day involvement were treated as matters for evidence at trial, not grounds for pre-trial interference. The summoning order was therefore allowed to stand and the challenge raised triable issues.</description>
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      <link>https://www.taxtmi.com/caselaws?id=437702</link>
      <description>Quashing under Section 482 CrPC was found inappropriate where the complaint under Sections 138 and 141 of the Negotiable Instruments Act contained specific averments that the accused were in charge of and responsible for the company&#039;s business, or had consented to or connived in the offence. The High Court noted that the accompanying material, including minutes and role-based allegations against the directors and company secretary, provided a prima facie factual foundation. Disputes about absence from India or lack of day-to-day involvement were treated as matters for evidence at trial, not grounds for pre-trial interference. The summoning order was therefore allowed to stand and the challenge raised triable issues.</description>
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