SRIPRAKASH JAIN Vs. BRIJESH ARYA

JUDGEMENT

(1.) THIS petition challenges order dated 27th April 2011 of learned District Judge-cum-ASJ, Delhi passed in Crl. Rev. No. 09/2011 whereby the revision petition of the petitioner against the summoning order dated 21.12.2010 of the MM was dismissed.

(2.) THE complaint was filed against M/s. Associated Switchgears & Projects Ltd. and its Directors namely Jawahar Lal Jain, Vikas Jain, Gaurav Jain and S.P. Jain under section 138 of Negotiable Instrument Act (`the Act' for short). All the accused persons were summoned under section 138 of the Act by the MM vide order dated 21.12.2010. THE same was assailed by the Company and also by all the Directors except Jawahar Lal Jain. THE revision petition qua Vikas Jain and Gaurav Jain was allowed whereas the same was disallowed qua the Company and the present petitioner. In other words, the summoning order against the Directors Vikas Jain and Gaurav Jain was set aside whereas the same against the others including the petitioner was maintained. THE said order of the ASJ is impugned by the petitioner S.P. Jain mainly on the ground that he was not the Director of the Company as he had resigned from the Directorship of the Company with effect from 27th July, 2010. It was submitted by the learned counsel for the petitioner that the petitioner had resigned as Director of the Company on 27th July, 2010 and intimation in this regard was given to the Registrar of Companies and so the petitioner not being the Director of the Company at the time of issue of the cheque, was not vicariously liable for the same. It was also submitted that in any case, the allegations against the present petitioner and other Directors Vikas Jain and Gaurav Jain as set out in the complaint are similar and he being neither Incharge or responsible for the affairs of the Company, was not liable vicariously along with the Company.