2023 (5) TMI 323 - HC - Indian Laws

Dishonour of Cheque - vicarious liability of the Director of the company - petitioner had resigned more than a month prior to even issuance of cheque in question - issuance of summons to petitioner in such case is valid or not? - HELD THAT:- The issues regarding date of resignation, including as to whether or not or when the resignation letter was actually sent to Board of Directors, or as to when were the details qua resignation updated on the MCA website are all triable issues, especially in view of lack of certain relevant documents as discussed in preceding paras, in the present case. The material placed on record by the petitioner is not sterling incontrovertible material or unimpeachable material to show that petitioner was not involved either in day to day activities of the company or had no role in issuance of cheque in question - this Court does not find it a fit case to quash the summoning order dated 24.04.2018 passed by learned Metropolitan Magistrate at the very threshold.

The present petition stands dismissed.