Advocate in Delhi | 8851250058

Advocate in Rohini court Delhi 8851250058

_*• NI ACT  Section 138 Quashing of Criminal Complaint Dishonour of cheque  It is for the petitioner to establish in trial that he was not responsible for the conduct of the business of the company owing to his age and the mere ipse dixit of the petitioner that he is 80 years of age and is unable to manage the affairs of the company cannot be accepted at this stage and the complaint cannot be quashed on that basis – Observations made by this Court is limited to the issue as to whether the complaint should be quashed or not because of the fact that the complaint does not state the exact role of the petitioner in the conduct of the business of the company. Needless to state, it is always open for the petitioner to substantiate his assertion that he was not responsible for the conduct of the business of the company by leading evidence which should be considered on its own merits without being influenced by the observations made in this order – Petition dismissed*_

_*GOPALA vs STATE GOVT OF NCT OF DELHI CRLMC 2082/21 21/02/22 [ Subramonium JJ ]*_

_*[ DELHI HIGH COURT ]*_

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