AJAY AGRAWAL Vs. INTEGRATED FINANCE COMPANY LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) In the complaint filed by the respondent under Section 138 of the Negotiable Instruments Act, 1881, the appellant is also impleaded as one of the accused on the ground that he was the Director of the accused-company which had issued the cheque.

(3.) The case set up by the appellant before the trial Court was that he had resigned as Director of the company much before the cheque was dishonoured and the factum of resignation was proved by filing certified copy of Form No.32 which was submitted before the Registrar of Companies on a date before the cheque was presented and dishonoured. He refers to the judgment of this Court in 'Anita Malhotra v. Apparel Export Promotion Council and Anr., 2012 1 SCC 520' wherein it is held that annual return along with Form No. 32 which is filed before the Registrar of Companies is a public document and certified copy thereof was admissible in evidence and that it should have been looked into and acted upon by the trial Court.