[SC] NIA S. 138, 141 – Dishonour of cheque – Quashing – Parameters – Notice – Reply – Not given – Admisison of facts – Director/ partner provided the Director/partner is able to adduce some unimpeachable and incontrovertible evidence beyond suspicion and doubt. [PLRonline 477602]

If any Director or Partner wants the process to be quashed by filing a petition under Section 482 of the Code on the ground that only a bald averment is made in the complaint and that he is really not concerned with the issuance of the cheque, he must in order to persuade the High Court to quash the process either furnish some sterling incontrovertible material or acceptable circumstances to substantiate his contention - He must make out a case that making him stand the trial would be an abuse of process of court - He cannot get the complaint quashed merely on the ground that apart from the basic averment no particulars are given in the complaint about his role, because ordinarily the basic averment would be sufficient to send him to trial and it could be argued that his further role could be brought out in the trial - Quashing of a complaint is a serious matter. Complaint cannot be quashed for the asking - For quashing of a complaint, it must be shown that no offence is made out at all against the Director or Partner