(A) Negotiable Instrument Act 1881, Sec, — 138 & 141. Liability of Director who resigned prior to commission of offence. —  The petitioner was director of company till 18-1-2006 - Cheque dated 03-3-2007 in question bearing signature of the petitioner was returned unpaid on 30-3-2007, whereas the petitioner already resigned from post — There is no averment in complaint that the cheque in question was post dated and was given as security — Neither it is specifically averted in body of complaint that the petitioner was in charge of day to day business of the company at the time of return of cheque . Held — The petitioner is not liable and cannot be prosecuted — as no specific  allegations is made in the complaint that the director / accused  was responsible for day-to-day.  It...

Negotiable Instruments Act, 1881, Section 138—Dishonour of cheque—Admission of the signature in cheque—Held, when the accused admits the signature in the cheque, it is immaterial whether some other person had made the entries in the cheque or filled it up- Even if some other person had filled up the cheque, it does not in any way affect the validity of the cheque—The intention of the petitioner/accused was only to protract the proceedings in the case— Consequently, the petition is dismissed.(Para 13 to 15) ...