VINOD RAWAL Vs. STATE OF DELHI

JUDGEMENT

(1.) The Petitioner invokes inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973(Cr.P.C.) for quashing of the order dated 26.05.2012 passed by the learned Metropolitan Magistrate ("MM), Rohini, summoning the Petitioner and other accused in a complaint case No. CC 596/2012 titled "M/s. Rama Krishna Electro Components Pvt. Ltd. v. Sandeep Ramkrishan Arora @ Karan Arora & Ors."

(2.) In the complaint, it was alleged that M/s. High Ground Enterprises Pvt. Ltd. (Accused No.3 before the Court of MM) had issued certain cheques in favour of the Respondent No.2 in discharge of its liability. The cheques when presented were dishonoured with the remarks "payment stopped by the drawer". A statutory notice under Section 138 of the Negotiable Instruments Act, 1881(the Act) was served upon the drawer company. The Petitioner (accused No.6) was alleged to be the authorized signatory of accused No.3 company and accused No.1 and 4 to 6 were alleged to be directors of the company and responsible for day to day affairs of the accused company.

(3.) The only ground of challenge raised by the Petitioner is that he was only an additional director appointed w.e.f. 13.02.2012, that is, much after the issuance of the cheques dated 15.01.2012 and 01.02.2012. More importantly, the Petitioner's case is that the complaint filed by the Respondent No.2 did not reveal as to how the Petitioner was in charge of and responsible for the conduct of business of the accused company and mere averments in the complaint that the Petitioner being a director was in charge of and responsible for conduct of the business of the company was not enough to issue process against the Petitioner.