AMBIKA NARANG Vs. SHIVAM SHUBHAM FASHIONS PRIVATE LIMITED

JUDGEMENT

(1.) By way of the present petition filed under Sec. 482 of the Criminal Procedure Code, 1973 read with Article 227 of Constitution of India, 1950, the petitioner seeks quashing of summoning order dtd. 24/4/2018 passed by learned Metropolitan Magistrate (NI Act)-04, South-East, Saket Court, New Delhi in Criminal Complaint No. 3611/2018 titled as 'M/s Shivam Shubham Fashions Pvt. Ltd. v. M/s The Aura Creation Exports Private Limited and Ors.' and all its consequent proceedings, so far as it relates to the petitioner.

(2.) A perusal of the complaint under Sec. 138 of Negotiable Instruments Act, 1881 ('NI Act') reveals that the complainant (respondent no. 1 herein) i.e. 'M/s Shivam Shubham Fashions Pvt. Ltd.', a Private Limited Company, was having business relations with the accused no. 1 (respondent no. 2 herein) i.e. 'M/s. Aura Creation Exports Private Limited and Ors.', whose directors were accused no. 2 i.e. Tarun Narang (respondent no. 3 herein) and accused no. 3 i.e. Ambika Narang (petitioner herein). The case of complainant was that the accused company had ordered laces and embroidery items of different kind which the complainant had supplied from time to time against the bills, for which payments/part-payments were made by the accused company in due course of business. It is stated that as on 28/2/2018, an amount of Rs.35,09,844.00 was still due for payment by the accused company as per the books of complainant. It is alleged that in order to discharge part liability, the accused company had issued a Cheque bearing no. 825500 dtd. 30/11/2017 for Rs.19,29,922.00 (Rupees Nineteen Lakhs Twenty Nine Thousand and Nine Hundred and Twenty Two) drawn on Punjab National Bank, Sector-27, Noida Branch, duly signed by accused no. 2 (respondent no.3). Upon presentation of said cheque by the complainant for encashment with its bank i.e. Citi Bank Ltd., Nehru Place, New Delhi, the cheque was returned unpaid vide memo dtd. 17/2/2018 with the remarks 'Funds Insufficient'. On 16/3/2018, a legal notice of demand dtd. 15/3/2018 under Sec. 138 of NI Act, 1881 was sent to the accused persons by the complainant calling upon them to pay and clear a sum of Rs.19,29,922.00 (Rupees Nineteen Lakhs Twenty Nine Thousand and Nine Hundred and Twenty Two) within 15 days from receipt of notice, which was delivered at the addresses of accused persons on 17/3/2018. Having not received any payment from the accused persons, the complainant filed the present complaint bearing no. 3611/2018 before the Court of learned Metropolitan Magistrate (NI Act)-04, South-East, Saket Court, New Delhi.

(3.) The case set up by the petitioner is that she had resigned from the office of Director of the accused company, vide resignation letter dtd. 13/10/2017, with effect from 25/10/2017 as per provisions of Sec. 168 of the Companies Act, 2013 and the corresponding Form DIR-11 was duly filed on 24/11/2017 with the official website of the Ministry of Corporate Affairs. It is further the case of petitioner that after resigning from the accused company, she had started working with another company as an employee, and in November-December, 2018, the petitioner had learnt that she was being prosecuted in certain cases which she had no knowledge about, after which she had engaged a new counsel and upon so advised, she had started entering appearance in the relevant matters and present case is one such matter.