TMI Blog2022 (5) TMI 1299X X X X Extracts X X X X X X X X Extracts X X X X ..... sion, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used/petitioner to face trial for the offence under Section 138 of the N.I. Act, a petition under Section 482 Cr.P.C. was filed challenging the summoning order, which was disposed of vide orders dated 8th May, 2014 by a Co-ordinate Bench of this Court, permitting the petitioner to raise all issues before the learned Trial Court before the Notice under Section 251 Cr.P.C. was served on the petitioner. It appears that thereafter, the petitioner moved an application for recall of the summoning order/discharge of the accused , copy of which has been placed on the record as Annexure P-14, raising several issues, which have been repeated in the present petition. 4. In brief, the stand taken by the petitioner before the learned Trial Court was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a Co-ordinate Bench of this Court in Shivom Minerals Limited v. State of Ors., 2019 SCC OnLine Del 9329 to contend that since there were no specific averments against the petitioner in the complaint, the petitioner ought to be discharged. 6. 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. 7. A perusal of the impugned order would reveal it to be a well-reasoned one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Of course, the petitioner would have an opportunity to establish all these facts before the learned Trial Court. 9. As regards the plea that the cheque had been reported lost , it is for the petitioner to prove the same. He would also get an opportunity to cross-examine the Bank officials to establish that they had an obligation to have refused honouring the cheque on the ground that the cheque has been reported lost by the drawer, to get the benefit of the judgment in Raj Kumar Khurana v. State of (NCT of Delhi) and Another (2009) 6 SCC 72. The learned Trial Court was therefore, right in holding that the loss of the cheque can be ascertained only during the course of trial. 10. There being no error or perversity in the impugn ..... X X X X Extracts X X X X X X X X Extracts X X X X
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