RANA GURJEET SINGH Vs. SUNRISE PAPERS

JUDGEMENT

(1.) Vide this petition under Section 482 Criminal Procedure Code, petitioner has challenged the complaint case under Section 138 Negotiable Instrument Act, 1881 (hereinafter referred to as the 'NI Act') bearing No. PP-1929/03 titled as 'M/s. Sunrise v. M/s. Rana Mohendra Papers Ltd Ors filed by the respondent against six respondents/ accused and the petitioner was impleaded as respondent/accused No.4 in the said complaint. Admittedly, the complaint case was filed in the year 2003.

(2.) Mr.Abhinav Vashist, Learned Senior Advocate for the petitioner submits that on 01.10.2002, petitioner has resigned as director from the company. The petitioner has filed the certified copy issued by the Registrar of Companies under Form No.32, Companies Act, 1956. Petitioner has also filed the copy of the resignation letter dated 01.10.2002 to be accepted with immediate effect and was submitted before the Registrar of Companies on the same date.

(3.) Learned Senior Advocate, further submits that in the complaint there is no allegation against the petitioner, therefore, the trial court has wrongly summoned and the proceedings are pending before the trial Court against the petitioner.