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2022 (7) TMI 83 - HC - Indian LawsDishonor of Cheque - Petitioner submitted that the complaint preferred by the first Respondent/Complainant is not maintainable against the Petitioner herein who is arrayed as Accused No.5 who had resigned as early as on 24.01.2012 and there is no specific averments against the Petitioner/Accused No.5 anywhere in the complaint regarding the overt act of the Petitioner - Section 138 of NI Act - HELD THAT:- This Petition cannot be allowed. What had been raised by the Petitioner is treated as valuable defence available to the Petitioner before the trial Court and not to invoke the powers under Section 482 of Cr.P.C. based on the print out taken from the Registrar of Companies which is not an authenticated copy. If this Petition is allowed, it would amount to miscarriage of justice by placing reliance on some copies furnished by the learned Counsel for the Petitioner which is not an authenticated copy.
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