KRISHNA MURARI LAL Vs. IFCI FACTORS LTD

JUDGEMENT

(1.) Present petitions have been filed by the petitioners under Section 482 of the Code of Criminal Procedure (for short 'Cr. P.C.') seeking quashing of Criminal Complaint No. 650/NA/2012 under Section 138 read with Section 141 of Negotiable Instruments Act, 1881 as well as for setting aside the summoning order dated 2 nd July, 2012.

(2.) Mr. U. Hazarika, learned senior counsel for the petitioners states that the petitioners are independent and non-executive Directors of the Company in question and are not responsible for its day to day affairs. In this connection, he relies upon a judgment of the Supreme Court in the case of K.K. Ahuja vs. V.K. Vora and Anr., 2009 10 SCC 48.

(3.) Mr. Hazarika further submits that before passing the impugned summoning order, the trial court has not complied with the mandatory requirement prescribed in Section 202 Cr. P.C. The relevant portion of Section 202 Cr. P.C. is reproduced hereinbelow:-