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2016 (9) TMI 1157 - HC - Indian LawsDishonor of cheques - proceedings in complaint case under Sections 138 of the Negotiable Instruments Act, 1881 - liability after resignation - Held that:- The contention of learned counsel for the respondent is that Forms-32 as placed on record were filed on 23rd April, 2004 and 7th April, 2004 showing an ante-dated resignation of the Directors w.e.f. 20th March, 2000 and 6th September, 2002 of Nimish Maheshwari and Brij Maheshwari respectively, thus it was not sufficient to absolve the liability under the Negotiable Instruments Act. The certificates filed do not prove conclusively that the petitioners actually resigned on 30th March, 2000 and 6th September, 2002 and this issue can be decided during trial only. Thus find force in the contention of the learned counsel for the respondent that since the registration for resignation of the petitioners w.e.f. 30th March, 2000 and 6th September, 2002 is post the cause of action which arose after the legal notice dated 28th January, 2004 was issued. Thus only after the parties lead the evidence, it can be determined whether the petitioners actually resigned on 30th March, 2000 and 6th September, 2002 or not. No ground to interfere in the order summoning the petitioners
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