(1.) THE present petition under Section 482 of the Code of Criminal Proce dure seeks quashing of criminal proceedings initiated by the respondent complainant. The complaint alleged that the petitioner in his capacity as Director of M/s Viniyoga Clothex Ltd. (hereafter referred to as "the company") was guilty of the offences under Sections 138/141 of the Negotiable Instruments Act (hereafter referred to as "the Act").
(2.) THE summoning order in this case was issued on 01.12.1998. It is claimed that the petitioner had moved an earlier application when the law declared by the Supreme Court in K. M. Mathew vs. State of Kerala, (1992) 1 SCC 217 about review the summoning order held the field. However, after the judgment in Adalat Prasad vs. Rooplal Jindal & others (2004) 7 SCC 338 the said application was rejected.
(3.) LEARNED counsel for the respondent submitted that the complaint so far it pertains to the petitioner cannot be characterized as illegal and that the trial court justly issued the summoning order. It was contended by plac ing reliance upon the Minutes of Annual Meeting of 1995-96 that the petitioner was disclosed as a whole time director.