https://www.taxtmi.com/caselaws?id=784005 Liability of a resigned director for cheque dishonour under ss. 138/141 NI Act was considered, including whether proceedings could be interdicted at the threshold. Applying SMS Pharmaceuticals, the HC held that mere designation as director is insufficient, but basic averments that the accused was in charge of and responsible for the company's business at the time of offence, or that he was the cheque signatory, sustain prosecution; statutory presumptions under ss. 118 and 139 then operate, subject to rebuttal at trial. Applying Gunmala Sales, the HC held quashing is permissible only on unimpeachable, incontrovertible material negating any role at the relevant time, which was not shown given disputed facts and inconsistent stands. The petition was dismissed. en-us Wed, 24 Dec 2025 00:00:00 +0530 Sat, 27 Dec 2025 08:05:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=784005 Liability of a resigned director for cheque dishonour under ss. 138/141 NI Act was considered, including whether proceedings could be interdicted at the threshold. Applying SMS Pharmaceuticals, the HC held that mere designation as director is insufficient, but basic averments that the accused was in charge of and responsible for the company's business at the time of offence, or that he was the cheque signatory, sustain prosecution; statutory presumptions under ss. 118 and 139 then operate, subject to rebuttal at trial. Applying Gunmala Sales, the HC held quashing is permissible only on unimpeachable, incontrovertible material negating any role at the relevant time, which was not shown given disputed facts and inconsistent stands. The petition was dismissed. Case-Laws Indian Laws Wed, 24 Dec 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=784005