ROSE MARY RATNAM Vs. MOHAMMAD FAROOQ

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner. Perused the records. The respondent is served and not represented.

(2.) IT is seen from the records that one Mohammad Farooq lodged a private complaint under Section 200 for the offence punishable under Section 138 of the Negotiable Instruments Act and under Section 420 of the Indian Penal Code. It is alleged in the complaint that the respondent company Mehna Plantations Pvt. Ltd., represented by its Managing Director has issued a cheque dated 05.12.2000 for a sum of Rs. 5,000/ - and on presentation of the said cheque it came to be dishonored and therefore after compliance of Section 138 a complaint came to be lodged. During the pendency of the said criminal proceedings it appears an amendment application was filed seeking the impleadment of the other directors of the company, particularly, the petitioner who is arrayed as accused No. 8 is also one of the directors impleaded in the said complaint.

(3.) ON careful perusal of the complaint averments as rightly contended by the learned counsel originally the Managing Director of the respondent company was made as a party and every allegation made against the company being taken care of by the Managing Director. There is absolutely no averment or allegation against the present petitioner who is arrayed as accused No. 8. It is specifically stated at paragraph 4 of the complaint, that the notice was issued to the Chairman and the Managing Director of the accused and the said notice was returned as the Chairman and Managing Director left the place and therefore on the ground of deemed service the complaint was filed. There is absolutely no averments so far as this petitioner is concerned, what role is given to him in the company. Even the learned counsel has submitted that she resigned to the post of the company on 25.3.1995 itself. The said document is produced before the court at page 15 in Form No. 32 which is the certified copy before the court which also shows that accused No. 8 resigned as a director on 25.3.1995 itself.