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2014 (2) TMI 1368 - HC - Companies LawDishonor of cheque - Whether on the basis of the averments and the evidence produced by the Complainant, there are grounds for proceeding against the accused? HELD THAT:- There are specific averments that the Petitioners negotiated for the purchase of goods by Pragati and they were responsible for the day to day affairs and conduct of the business of the company. It was specifically stated that the goods were supplied from April, 2010 to November, 2010. It was further stated that certain payments were made in the year 2010 and 2011. It was the complainant case that the post dated cheques in question were sent in the first week of June, 2011 and that the same were dishonuored on presentation - Thus, as per the averments made in the complaint, the cheques were delivered much before the Petitioners' resignation. All the transactions are related to the period when the Petitioners were Directors, and as stated above, according to Respondent No.1 (the complainant) they had negotiated with regard to supply of goods. The Petitioners have not been able to make out a case for quashing of the summoning orders dated 15.11.2011, 15.11.2011, 06.03.2012, 07.12.2011, 31.05.2012 and 30.11.2011 respectively - petition dismissed.
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