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    <title>2026 (2) TMI 828 - BOMBAY HIGH COURT</title>
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    <description>Applications under Section 482 CrPC seeking quashment of process in Section 138 NI Act complaints were held not maintainable through a power of attorney holder, absent any pleaded legal disability of the accused; a criminal challenge to the legality of the complaint and process must ordinarily be brought by the accused themselves. The Court also held that directors and non-executive directors could not independently maintain the quashing challenge once the application against the company had been dismissed, as the company remained the primary offender and no sufficient basis was shown for directors alone to sustain the proceedings. The criminal applications were dismissed and the trial was directed to proceed expeditiously.</description>
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      <link>https://www.taxtmi.com/caselaws?id=786680</link>
      <description>Applications under Section 482 CrPC seeking quashment of process in Section 138 NI Act complaints were held not maintainable through a power of attorney holder, absent any pleaded legal disability of the accused; a criminal challenge to the legality of the complaint and process must ordinarily be brought by the accused themselves. The Court also held that directors and non-executive directors could not independently maintain the quashing challenge once the application against the company had been dismissed, as the company remained the primary offender and no sufficient basis was shown for directors alone to sustain the proceedings. The criminal applications were dismissed and the trial was directed to proceed expeditiously.</description>
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