Negotiable Instruments Act, 1881
Sections 138 & 141—Dishonour of cheque—Petition for setting aside of summoning order—Case set out by petitioners is that they are former directors of accused company and were only the professional nominee directors of investors—Cheques in question are all a particular dated, i.e. when petitioners were undisputedly the directors in the accused company—Petitioners have failed to bring on record any unimpeachable material or material of sterling quality to show that they were not responsible for day-to-day affairs of the company when the cheque was issued or dishonored or that the dishonoring of cheque in question was not attributable to any negligence or connivance or consent on their part—Role of each petitioner in commission of offence, if any, can become clear only during the course of trial, and cannot be examined in detail by the High Court while exercising jurisdiction under Section 482 of CrPC—No reasons found to interfere with impugned summoning order—Petition dismissed.
[Paras 15, 16 & 18]
Decision : Petition dismissed