2022 (7) TMI 1171

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....e trial in Complaint Case no. 37941/2016 filed under Section 138 of the Negotiable Instruments Act, 1881 (NI Act for short) by the respondent on the allegations that the cheque bearing no. 134919 of the accused No.1 namely M/s. PMS Buildtech Pvt. Ltd., for a sum of Rs.7,25,734/- had been dishonoured. The present petitioners, stated to be the directors of accused No.1 company, were arrayed as accus....

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.... Court and moving an appropriate application for the deletion of their names from the array of parties, the learned Trial Court dismissed the same vide the impugned order dated 5th September, 2019 holding that the matter was one calling for evidence. 3. The respondent was duly served but none had appeared on his behalf. 4. I have heard the submissions and perused the record including the two doc....

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.... Trial Court dismissed these pleas of the petitioners by observing that the Form-32 filed by the complainant/respondent before it were not certified copies and, therefore, evidence was required to be brought on record to prove the factum of resignation. Those certified copies have now been filed before this Court. 6. But it is to be noticed that the reasoning of the learned Trial Court is rather ....

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....mere say so of the complainant that the present petitioners were still active Directors, the learned Trial Court chose to reject their plea for discharge. It was of the view that without the certified copies, the undisputed documents could not be accepted. The proof that they would have led as evidence would be the certified copies of the Form-32 filed before the ROC. They have now filed the certi....