ASHUTOSH MISHRA Vs. SKY HIGH MEDIA

JUDGEMENT

(1.) With the consent of the parties, matter is heard finally.

(2.) The present petition under Sec. 482 of the Code of Criminal Procedure, 1973 has been preferred by the petitioner for quashment of Criminal Proceedings bearing Case No.4823/2018 which is pending in the Court of Judicial Magistrate First Class, Raipur (Annexure P/2) and the subsequent revision order dtd. 13/9/2023 passed by the learned 4th ADJ, Raipur (C.G.) (Annexure P/1).

(3.) Brief facts of the case is that the petitioner was made Director's of Net Ink Technologies Pvt. Ltd. without his knowledge on 31/3/2018 and in a matter of few hours were removed from the post of Director. Two cheques bearing No.000268 and 000269 dtd. 21/3/2018 and 11/4/2018 were issued by Respondent No. 2 in favour of Respondent No. 1 for an amount of Rs.17,50,000.00 (Rupees Seventeen Lacs Fifty Thousand Only) and Rs.50,00,000.00 (Rupees Fifty Lacs Only) respectively and the same had been dishonoured by drawee Bank on 20/6/2018. At a later stage, Respondent No. 1 (Sky High Media) preferred a complaint u/s 138 of Negotiable Instruments Act, 1881 against Respondent No. 2. (Net Ink Technology) and made many random persons a party in capacity of a Director of Respondent No. 2 Company one of which was petitioner.