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2019 (8) TMI 1089 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - section 138 of NI Act - HELD THAT:- Supreme Court in the case of Adalat Prasad v/s Rooplal Jindal & ors [2004 (8) TMI 647 - SUPREME COURT] held that, the Court, who has issued process, has no power of review its order of issuance of process, and hence order of issuing process cannot be recalled - However, in the present case the applicant filed application for discharge/recall of order of issuance of process before the learned Magistrate. The complaint does not contain the basic averment which is sufficient to make out a prima facie case against the present applicant. Because of the absence of more particulars about the role of the applicant as the director, it could not be held that the applicant as director is concerned with the issuance of the cheques in question. Considering the unimpeachable and incontrovertible document i.e. Form No.32 produced by the applicant, this Court is of the view that the Criminal Application deserves to be allowed. The Applicant was not the director of the accused No.1 company at the time of issuance of cheques and therefore is not held to be responsible for the business of the said company as averred in the complaint. Respondent No.2/Complainant has not brought on record any unimpeachable and incontrovertible evidence to show that the applicant is concerned with the issuance of cheques. Application allowed.
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