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2022 (1) TMI 1293 - HC - Indian LawsDishonor of Cheque - resignation of petitioner much prior to the issuance of alleged cheque - vicarious liability of the directors - HELD THAT:- As rightly submitted by the learned counsel for the respondent, that the documents themselves are disputed and merely because the submissions are made before this Court, the same cannot be relied upon, without proving the authentication as required under law. The documents that have to be proved before the Court for reliance. Therefore, the contention that the petitioner has resigned much prior to the issuance of alleged cheque dated 07.07.2015 or not to be seen only in trial Court. Further, in the very resignation letter, he has stated that he is the Executive Chairman of the first accused/Company at the earlier point of time. Therefore, the facts which are disputed by the other side cannot be dealt with by this Court, as it is for the petitioner to establish the same before the trial Court. This Court is of the view that the petitioner is one of the Executive Directors in the affairs of the Company. The respondent-Bank pleaded that the cash credit facility has been extended from time to time to the accused persons, who are in-charge of the Company. Merely on the ground that in the pleadings with regard to role played by each of the Directors, is not stated as strictly as required under law, the entire proceedings cannot be quashed. This Criminal Original Petition is dismissed.
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