2007 (1) TMI 633

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....f the learned Additional Sessions Judge discharging the accused No.5 on 5.7.2003 has been impugned. The petitioner had presented a complaint alleging inter alia that the respondent/accused No. 5 along with the other 10 accused were guilty of having committed offences under Sections 138/142 of the Negotiable Instruments Act. 2. The complaint had alleged inter alia that the accused No. 1 company M/....

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....mpanies informing about his resignation. The respondent accused had claimed in a letter dated 11th April, 1997 to the petitioner's counsel that he was no longer a Director in the company. 4. On the basis of the materials on record, the complainant accused was discharged. The learned court was of the view that the plea of the complainant that the accused was the Director could not be considere....

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....nt, was in fact the signatory. No doubt in the pleadings before this court such an averments had been made but that has not been substantiated in any manner or by placing a copy of the cheque. In the face of such materials, I am satisfied that the trial court' order cannot be characterised as in error. As far as the second aspect about the dis-honour being on account of insufficiency of funds ....