NISCHAL JAIN Vs. MATHA MINERALS P LTD

JUDGEMENT

(1.) The petitioner who is one of the Directors of M/s. Reliance Polycrete Private Limited has filed this petition for quashing the proceedings in C.C. No. 20621/2006 pending trial for an offence punishable under Section 138 of the Negotiable Instruments Act, inter alia, contending that he was not in-charge of day-to-day business of the company and the averments of complaint do not bring the petitioner under the purview of Section 141 of the Negotiable Instruments Act. I have heard Sri. Arvind Kamath, learned Counsel for petitioner and Sri. L.M. Chidanandayya, learned Counsel for respondent.

(2.) The learned Counsel for petitioner has relied on the judgment of Supreme Court reported in the case of Anita Malhotra Vs. Apparel Export Promotion Council and another, 2011 6 UJ 3765 wherein, the Supreme Court has held:--

(3.) In a decision reported in (in the case of National Small Industries Corp. Ltd. Vs. Harmeet Singh Paintal and another, 2010 CrLJ 1907) the Supreme Court has held:--