MUNISH SONI Vs. RAVINDER KUMAR JAIN

JUDGEMENT

(1.) This petition challenges the summoning order dated 28.04.2011 passed by the Ld. M.M. in C.C. No. 2484/11 and C.C.No.2483/11 registered under Section 138 of the Negotiable Instruments Act (herein after referred to as act ).

(2.) The complaint was filed against M/s Pearl Appliances Pvt. Ltd. and its Directors namely Munish Soni( present petitioner) and Dinesh Soni by the respondent alleging that he supplied iron sheets to the accused company costing around five lakh rupees. It was submitted that in partial discharge of their liability, the present petitioner and accused no. 2 had issued four post dated cheques bearing no. 989167, 421031,421032,421033 for a total amount of Rs. 2,82,000/- drawn on Dena Bank which were dishonored on presentation with remarks payment stopped by drawer vide intimation dated 8.02.2011. Consequently after serving legal notice, the complaint was filed. After recording the finding that a prima facie case was made out against the accused persons, the petitioner was summoned by the ld. M.M.

(3.) The learned counsel for the petitioner has assailed the summoning order on the sole ground that although he is a signatory of the cheques in question but he had resigned from the post of the Director of accused company with effect from 15.12.2011 i.e. before the presentation of the cheques by the complainant and was not responsible for the conduct of the affairs of the company at the time of dishonoring of the cheques and hence cannot be made liable. Reliance has been placed on form 32 filed before the R.O.C. by the petitioner.