LAWS(DLH)-2002-12-98

SHRI BHUPINDER TANDON S/O LATE SH. R.P. TANDON, KAROL BAGH, NEW DELHI AND SMT. LALITA TANDON W/O SH. BHUPINDER TANDON, KAROL BAGH, NEW DELHI Vs. SHRI VIKAS MANGLA PROP OF VIKAS TRADING COMPANY, SHAHDARA, DELHI

Decided On December 07, 2002
Shri Bhupinder Tandon S/O Late Sh. R.P. Tandon, Karol Bagh, New Delhi And Smt. Lalita Tandon W/O Sh. Bhupinder Tandon, Karol Bagh, New Delhi Appellant
V/S
Shri Vikas Mangla Prop Of Vikas Trading Company, Shahdara, Delhi Respondents

JUDGEMENT

(1.) BY this common judgment, Criminal Revision Nos. 441/2002, 442/2002, 443/2002 and 444/2002 can conveniently be disposed together. Since it was not disputed that question involved in all the petitions is identical, therefore, for sake of convenience, the facts are being taken from Crl.R. 441/2002 - Bhupinder Tandon versus Vikas Mangla.

(2.) THE revision petitions have been directed against the order passed by the Metropolitan Magistrate, Karkardooma Courts, Shahdara, Delhi dated 1.3.2002. The learned trial Court dismissed the application filed by the petitioners praying for their discharge.

(3.) THE petitioners filed an application for dropping the proceedings against them. They pleaded that the complaint, as against them, is not maintainable because they ceased to be the Directors of the company from 30.10.1999 and 30.6.1997 respectively. Further more, it was alleged that there is nothing to show that at the relevant time, both these petitioners were in charge and were responsible for the conduct of the business of the company. Consequently, the rigours of Section 141 of the Act are not attracted.