SARLA KUMAR Vs. SREI INTERNATIONAL FINANCE LTD

JUDGEMENT

(1.) These three petitions raise same questions of law on the same facts on the basis of which the petitioner seeks quashing of the summons issued to her by the learned Metropolitan Magistrate in the three cases filed by respondent herein under Section 138 of the Negotiable Instrument Act. Forthe sake of brevity, facts in the case of Crl. M.C. No. 160 of 2005 are noted.

(2.) In 1982 when M/s. Sansar Braktrols Pvt. Ltd. (hereinafter called as 'the company' for short) was incorporated as a company, petitioner was one of the founder Director. However, that was 24 years ago and the petitioner who is a lady was 55 years of age. Today she is 79-80 years of age. The petitioner had resigned from the Directorship of the said company on 20.8.1994. Form No. 32 to this effect was also submitted with the Registrar of Companies (ROC). At the time of launch of the said company the petitioner along with her family members was residing in a rented accommodation situated at A-8, Gulmohar Park, New Delhi. She had vacated this house in the year 1993 after petitioner had purchased residential house which is F-23, Hauz Khas, New Delhi.

(3.) It appears that the company had issued three cheques to the respondent herein and as those cheques were dishonoured, the respondent filed the complaint against the company as well as Directors under Section 138 of the Negotiable Instruments Act being Criminal Complaint No. 1337/2004. Before filing this complaint, notice dated 20.9.2003 was also sent to the company and its Directors. It was also sent to the petitioner but at Gulmohar Park address which she had left 10 years ago and, therefore, she did not receive the said notice. On summons being issued in the said complaint vide order dated 29.10.2003 and served upon the petitioner as well, she has filed present petition for quashing of these proceedings qua her. The case is pending in the Court of Shri Rakesh Kumar, MM, Karkardooma Court, Delhi.