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2019 (5) TMI 569 - HC - Indian LawsDishonor of Cheque - section 138 of NI Act - whether a Director of the Company can challenge issuance of notice at the threshold or it would be available to him/her at the time of his/her defence? - HELD THAT:- A perusal of the complaint which is connected to the petition would purport that the complaint is completely silent except it has described the names of the accused and the complainant. Therefore, prima facie, it appears that except the description in cryptic manner, nothing is averred in the complaint under Section 138 of the Act, 1881. In the complaint, only the names of the Directors are shown and except that nothing has been averred. Therefore, in what capacity the Director could be held responsible is completely vague. Petition dismissed.
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