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2022 (5) TMI 1299 - HC - Indian LawsDishonor of Cheque - validity of summon order - signed and unsigned cheques going missing - HELD THAT:- Since this is a case where, while disposing of a petition under Section 482 Cr.P.C. against the summoning orders on the very same grounds was disposed of by a co-ordinate Bench of this Court, permitting him to raise these grounds before the learned Trial Court, all that this Court can now consider is whether the conclusions drawn by the learned Trial Court are in any way perverse, misplaced or based on no material. With regard to the other argument that the petitioner has already resigned or that the cheques were lost from his possession, these were rightly held by the learned Trial Court to be the defence of the petitioner to be established by him. Even before this Court, the petitioner relies only on his resignation letter, which has been generally addressed to the Board of Directors, with copies to another Director, the Registrar of Companies (ROC) and the Chartered Accountant. But, there is nothing to show that this was accepted by the Board of Directors and the necessary corrections carried out in the records of the ROC. Of course, the petitioner would have an opportunity to establish all these facts before the learned Trial Court. There being no error or perversity in the impugned order, no interference is called for by this Court in exercise of its inherent powers under Section 482 Cr.P.C. - Petition dismissed.
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