ANJU AGGARWAL Vs. POONAM GANDOTRA

JUDGEMENT

(1.) ANJU Aggarwal, the petitioner herein has filed instant petition under Section 482 CrPC is seeking quashing of complaint case No. 91/1/05 titled Poonam Gandotra Vs. Divus Laboratories Ltd. under Section 138 read with Section 141 of the Negotiable Instruments Act (N.I.Act) qua the petitioner.

(2.) BRIEFLY stated, facts relevant for disposal of this petition are that the respondent No. 1 Poonam Gandotra filed the above referred complaint under Section 138/141 N.I.Act against M/s. Divus Laboratories Limited and Others including the petitioner claiming that the aforesaid company had issued a cheque for ' 42 lakhs being cheque No. 453798 dated 31st December, 2004 drawn on Indian Overseas Bank in discharge of its liability towards the dues of her husband outstanding at the time of his resigning from the directorship of the accused company. The cheque was presented for encashment through the complainant's bank, which was received dishonoured with the remarks "payment stopped by the drawer" vide return memo dated 07th January, 2005. A demand notice under Section 138 N.I.Act was served upon the accused persons, including the petitioner, calling upon them to pay the cheque amount within 15 days from the receipt of demand notice. The company as well as the other accused persons including the petitioner however, failed to comply with the demand notice. This led to filing of complaint under Section 138 read with Section 142 N.I.Act as well as under Sections 406/420 IPC.

(3.) IN order to appreciate the contention of the learned counsel for the petitioner, it would be useful to have a look on Section 141 (1) of the Negotiable INstruments Act, which deals with the offences by the company. Relevant portion of Section 141 N.I.Act reads thus: