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(2023) Law Today Live Doc. Id. 18605 = 2023(3) L.A.R. 407
Decided on: 26.09.2023
For Appellant(s):
Mr. Basant R., Sr. Adv., Mr. Tejas Karia, Adv., Mrs. Shruti Sabharwal, Adv., Mr. Prakhar Deep, Adv., Mr. Nishant Doshi, Adv., Mr. Nitin Sharma, Adv., Ms. Ridhima Bhardwaj, Adv., Mr. Akshay Sahay, Adv., Mr. S. S. Shroff, AOR
For Respondent(s):
Mr. V.N Sinha, Sr. Adv., Mr. Ankit Dhawan, AOR, Mr. Supantha Sinha, Adv., Mr. Vinod Gupta, Adv., Mr. Mohit Mighlani, Adv., Mr. Anand Amrit Raj, Adv.
Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 141 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Cheque bounce complaint – Directors of Company -- High Court quashed the criminal proceedings as against respondent nos. 2 and 3 on the ground that they were not the Directors of the Company in default, on the date when the cheques were issued for encashment – Submission that they were Directors of the Company on the date of issue of cheques and further that they had signed the cheques as authorised signatories of the Company not disputed – Trial Court to decide the pending trial expeditiously, preferably within a period of six months -- Impugned order passed by High Court set aside.
(Para 3-10)
ORDER
Heard learned senior counsel for the parties.
2. Leave granted.
3. By the impugned order(s), the High Court has quashed the criminal proceedings as against accused nos. 2 and 4 viz. Pankaj Saraf and Pradeep Saraf, arrayed as respondent nos. 2 and 3 before this Court, on the ground that they were not the Directors of the Company in default, on the date when the cheques were issued for encashment.
4. It is submitted by the learned senior counsel for the appellant that respondent nos. 2 and 3 were, admittedly, Directors of the Company on the date of issue of cheques and further that they had signed the cheques as authorised signatories of the Company.
5. Learned senior counsel appearing for respondent nos. 2 and 3 does not dispute this fact. Further learned senior counsel for respondents has sought to argue other points which have not at all been considered by the High Court and on which grounds he wants to submit that the present appeals be dismissed and discharge by the High Court may be maintained.
6. We are not inclined to accept the submission of the learned senior counsel for the respondents. Whatever be the status and whatever be the defences available to respondent nos. 2 and 3 can very well be tried and tested and adjudicated upon by the Trial Court, after parties lead their evidence.
7. We are also not inclined to consider the submissions of the learned senior counsel for the respondents for the reason that the pleas for discharge and quashing of the proceedings were taken eight years after the proceedings commenced and substantial evidence had been led before the Trial Court.
8. We are, thus, of the considered opinion that the Trial Court may proceed with the matter(s) against all the accused including respondent nos. 2 and 3 and decide the pending trial expeditiously, preferably within a period of six months.
9. It goes without saying that both the parties shall extend all cooperation in the trial. We further make it clear that all the defences available to the accused and raised would be considered by the Trial Court while deciding the case(s).
10. The impugned order(s) is set aside and the appeals are allowed in above terms.
11. Pending application(s), if any, shall stand disposed of.
Appeals allowed.
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