YASHASWINI MITTAL Vs. SHRI TAPODHANI ALUMINIUM TRADING CO.

JUDGEMENT

(1.) Five separate petitions under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') have been preferred on behalf of the petitioner, who was impleaded as accused No.3 in the complaint cases preferred under Sec. 138/141 NI Act by the respondent; for quashing of proceedings emanating from Complaint Case No.9996/2014; 9995/2014; 9994/2014; 9997/2014 and 9993/2014, pending before learned MM (NI Act), North-West, Rohini Courts, Delhi.

(2.) In brief, complaints under Ss. 138/141 NI Act were filed on behalf of the respondent against M/s Genesis Industrial Solution Pvt. Ltd. (accused No.1 Company) alongwith accused Nos.2 to 4 being the Directors, before the learned Trial Court. The averments made in para 2 of the complaint may be reproduced for the purpose of present proceedings:

(3.) As per the case of the petitioner (accused No.3 in the complaint under Sec. 138 NI Act), she was summoned in aforesaid proceedings by the learned MM vide order dtd. 5/7/2014 without considering the fact that the petitioner had already resigned on 15/3/2014 as Director of the Company and was neither signatory of the cheques, nor Managing Director of the Company. Further, she was pursuing her studies at relevant time and had completed her Law only in the year 2014 having joined Jindal Global Law School in the year 2009. It is further her case that the transactions as per the complaint pertain to January, 2014 to March, 2014 and during the aforesaid period, she was residing in the hostel without any active role in the aforesaid Company and was not responsible for conduct of day-to-day affairs of the Company.