MADHAV G. PRADHAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THESE petitions are taken up together.

(2.) THESE petitions have been filed for quashing the complaint under Sections 138/141/142 of the Negotiable Instruments Act, 1881. The short point raised by the learned counsel for the petitioners is that on the date which is mentioned in the cheques the petitioners were not the Directors of the company. A photo copy of a purported Form 32 has been placed on record. However, the learned counsel for the petitioners was unable to produce a certified copy of the said Form 32.

(3.) ANYHOW , I am not going into all these controversies inasmuch as a certified copy of the purported Form 32 has not been placed on record. In the absence of a certified copy, no presumption can be drawn with regard to the resignation of the petitioners. That would have to be established by leading evidence in the course of the trial. No interference is called for at this stage.