AIR 2012 (NOC) 12 (CAL.) ::2011 ACD 1041 (CAL) ::(2012) 2 CivLJ 537 ::(2012) 1 BankCas 575 ::(2011) 5 Cal HN 591 ::(2011) 2 NIJ 550 ::(2012) 2 CurCC 83

Calcutta High Court

Hon'ble Judge(s): Kalidas Mukherjee , J

(A) Negotiable Instruments Act (26 of 1881) S. 138, 141 — Criminal P C (2 of 1974), S 482 — Dishonour of cheque — Offence by Company — In course of business a sum of Rs 4,50,000/- was due — Accused company and directors issued account payee cheque in name of complainant company — Plea that in the notice no role was assigned in respect of each of accused persons and that directors had resigned prior to issuance of cheque — Question as to mention of name of director along with Company in notice should be considered at time of final hearing of case after evidence is led by parties — It cannot be said that facts complained of do not constitute any offence — Points urged by petitioner cannot form basis of an order for quashing of proceedings (Para 23,24)