TaxTMI 
TaxTMI 
TaxTMI 
2016 (7) TMI 1118
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....nced a loan of Rs. 60,000/- to the petitioner who was her first cousin for the operation of her mother in the form of loan which the petitioner undertook to return in the month of February, 2012 and a sum of Rs. 1.40 lakhs to her sister Smt. Madhubala. For repayment of loan of Rs. 60,000/- the petitioner had issued post dated cheque bearing No. 493726 dated 1st February, 2012 for an amount of Rs. 60,000/- drawn on Canara Bank. The said cheque was presented for encashment but the same was dishonored vide memo dated 9th February, 2012 with the remark 'refer to drawer'. A legal notice dated 24th February, 2012 was issued however, the same was received back unserved with the endorsement 'adhura pata he'. The respondent again presented the cheq....
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....d 5th April, 2006 the learned Metropolitan Magistrate dismissed the application filed by the petitioner challenging the order of summoning noting therein that the perusal of the record reflects that firstly the complainant had placed on record speed post receipt as well the duly served AD card on record during the pre-summoning evidence which supports the factum of service of statutory notice and the cheque return memo Ex.CW-1/C which was dishonored on the ground of 'refer to drawer'. Thus there was prima facie sufficient material to raise presumption of outstanding liability against the petitioner and due service of statutory notice, thus the Court was not entitled to review its own order of summoning. 5. Before this Court learned counse....
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.... be abuse of process of court. Despite the presence of basic averment, it may come to a conclusion that no case is made out against the Director. Take for instance a case of a Director suffering from a terminal illness who was bedridden at the relevant time or a Director who had resigned long before issuance of cheques. In such cases, if the High Court is convinced that prosecuting such a Director is merely an arm-twisting tactic, the High Court may quash the proceedings. It bears repetition to state that to establish such case unimpeachable, incontrovertible evidence which is beyond suspicion or doubt or some totally acceptable circumstances will have to be brought to the notice of the High Court. Such cases may be few and far between b....