2001 (12) TMI 902

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....s were filed against respondent Swaroop Chand Jain and others under Section 138 and 141 of Negotiable Instrument Act stating therein that M/s S.K.G. Solvex is a company registered under Companies Act and Swaroop Chand Jain is its Director, who is responsible for its act. This company had purchased yellow Soyabeen from the complainant, for which certain amount of cheque was issued in favour of complainant by another co-accused Jitendra Kumar Jain. However, these cheuques were dishonoured, for which statutory notices as required under sub-clause (c) of Section 138 of the Negotiable Instrument Act were served and then the complaints were filed. The respondent Swaroop Chand moved two applications under Section 245(2) and 204 of the Code of Cri....

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....tion was dated 11.10.96 and was received subsequently on 20.3.97 in the office of the Registrar, which prima-facie goes to prove that the resignation was antedated and manipulated for registration in the office of the Registrar. Even other-wise it is a disputed question of facts, which can be gone into after recording the evidence of the parties and discussion of the evidence on merits. Reliance is placed on a decision of Andhra Pradesh High Court in case of Bharat Kumar Modi Vs. M/s Pennar Peterson Securities Ltd. reported in 1999 Cri.L.J. 3803 and of Delhi High Court in Case of K.P.G. Nair Vs. M/s Jindal Menthol India Ltd. reported in 2000 Cri.L.J. 1213, wherein it has been observed that where avertment in complaint prima facie showing th....