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2016 (5) TMI 494 - HC - Indian LawsOffense punishable under Section 138 r/w. 141 of Negotiable Instruments Act - Petition was not the Director as the time of presentation of cheque since the resignation was tendered - Held that:- When the correctness of the contents of Form No.32 that the Petitioner has tendered her resignation on 1st January 2013 is disputed and when averments in the complaint are, prima facie, sufficient to prove involvement of the Petitioner in the alleged offence, the inherent powers of the High Court under Section 482 of Cr.P.C., which are to be invoked sparingly and in exceptional circumstances, could not be exercised in the instant case to quash the prosecution initiated against the Petitioner. If the relevant date for attracting vicarious liability of the Director under Section 141 of the Negotiable Instruments Act is, “at the time the offence was committed”, then, as the offence of Section 138 of Negotiable Instruments Act comprises of all these essential acts, majority of these acts in the present case, like the transaction in question and issuance of cheques took place when the Petitioner was very much Director of the Company. Hence, she cannot escape of the liability from this angle also. In this view of the matter, it cannot be said that the Petitioner was not the Director when the offence was committed. Once this is so, she cannot avoid facing prosecution only on the ground of her having ceased to be the Director, when the last few acts of presentation of the cheque to the Bank and its dishonour took place. Therefore, having regard to all the facts, this Court is of the considered opinion that, the Petitioner has failed to make out the case for quashing of process issued against her for the offence punishable under Section 138 read with Section 141 of Negotiable Instruments Act
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