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(2015) Law Today Live Doc. Id. 11539 = 2015(2) L.A.R. 393
Decided on: 19.01.2015
Present: Mr. S.K. Verma, Advocate for the petitioner.
Mr. Amandeep Rana, Advocate for the respondent.
Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 – Complaint against Director of the Company – Partial quashing of Complaint – Petitioner is alleged to have issued cheque – Cheque placed on the file does not bear the signature of the petitioner – Form No.32 show that he had joined the said company as Director on 11.07.2009 and another Form No.32 to show that he resigned from the post of Director of the Company on 24.07.2009, which means that on the date of issuance of the cheque i.e. 29.12.2012, he had nothing to do with the said company – It being so, the complaint qua the petitioner along with the summoning order stands quashed.
(Para 2,3)
JUDGMENT
KULDIP SINGH J. (ORAL) –
1. Petitioner Shri Divya Tosh Dass has sought the quashing of the complaint No.341 of 07.05.2013 (Annexure P-1), under Sections 138, 139, 140, 141 and 142 of the Negotiable Instruments Act, 1881 (in short 'the N.I. Act') and Section 420 of the Indian penal Code, 1860 and the summoning order dated 14.06.2013 (Annexure P-2), whereby the petitioner has been summoned under Section 138 of the N.I.Act.
2. A perusal of the complaint shows that in this case, two companies ADVIONS INFRA & BASIC AMENITIES LTD. at New Delhi were made accused Nos.1 and 2. It is alleged that accused No.2-Company issued cheque through its partner-petitioner Shri Divya Tosh Dass. The petitioner is also made accused No.3. He is alleged to have issued cheque. The cheque placed on the file does not bear the signature of the petitioner. The petitioner has placed on file Form No.32 (Annexure P-3) to show that he had joined the said company as Director on 11.07.2009 and another Form No.32 (Annexure P-4) to show that he resigned from the post of Director of the Company on 24.07.2009, which means that on the date of issuance of the cheque i.e. 29.12.2012, he had nothing to do with the said company.
3. It being so, the complaint (Annexure P-1) qua the present petitioner along with the summoning order dated 14.06.2013 (Annexure P-2) stands quashed. However, the petition against the remaining accused shall remain intact.
4. Ordered accordingly.
Order accordingly.
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