2024 (12) TMI 1570

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....itioner : Ms. Akriti Chaubey, AOR  Ms. Shradha Karol, Adv. For the Respondent : Mr. G. Arudhra Rao, Adv.  Mr. Karan Thakur, Adv.  Ms. Aayushi Mishra, Adv.  Mr. Athrva Kotwal, Adv.  Mr. Anant Kumar Vatsya, AOR ORDER 1. Leave granted. 2. Assailing the common judgment of the High Court of Himachal Pradesh dated 28.11.2023 rejecting the petitions Cr. MMO No. 341 of....

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....g on behalf of the respondents has not disputed the fact that on the date of issuance of the cheque i.e., 12.07.2019, the appellant was not a director and he had resigned. Therefore, this fact regarding tendering of resignation by the appellant and acknowledgment of the same by competent authority, is not in dispute. 5. In the above factual context, the quashing of the complaint is prayed for, ....

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....refore, the factual aspect of submission of the resignation prior to the issuance of cheque and dishonouring is required to be examined during trial in view of the judgment of this Court in the case of Malva Cotton and Spinning Mills Limited Vs. Virsa Singh Sidhu and Others" reported in (2008) 17 SCC 147. 7. Having considered the submissions made by learned counsel for the parties, we find that....

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....r of Companies on 05.07.2001, after the issuance of the cheques therein, which were issued on various dates in December 2000 and February 2001, while the accused director maintained that he had intimated his resignation to the Company on 02.04.1999, i.e., before the issuance of cheques. In the light of such disputed facts, quashing of complaint was not allowed. On the contrary, as discussed, in th....