GIRISH SAXENA Vs. PRAVEEN KUMAR JAIN

JUDGEMENT

(1.) THIS petition under Section 482, Code of Criminal Procedure has been made by the petitioner for quashing of criminal proceedings qua the petitioner in Complaint Case No. 976/1/2005 titled "Praveen Kumar Jain v. R.D. Sharma & Ors.," pending before the Court of Metropolitan Magistrate. It is submitted by the petitioner that the case in question was filed by the respondent on the basis of dishonour of a cheque dated 2nd August, 2004 for a sum of Rs. 1 lac. The cheque was issued by Shri Ram Dev Sharma, respondent No. 2 in the petition, in favour of the complainant i.e. respondent No. 1. It is submitted that neither in the notice nor in the complaint, it is pleaded by the complainant that the petitioner was the drawer of the cheque in question or the cheque was issued by the consent and knowledge of the petitioner, who was working as joint director of the institute.

(2.) LEARNED Counsel for the complainant submitted that initially a coaching centre in the name of M/s. PMT Oasis Career Edge was being run by the accused persons as a proprietorship firm and was later on converted into a partnership firm and then into a company. The entire liability and assets of the proprietorship firm, merged into the partnership firm and then into the company. The respondent No. 4 i.e. petitioner was the joint director of the company. He was the one who contacted the complainant for loan and was responsible for the business of the company.

(3.) IN view of my foregoing discussion, the proceedings as against the petitioner, are liable to be quashed and are hereby quashed in Complaint Case No. 976/1/2005 titled "Praveen Kumar Jain v. R.D. Shanna & Ors. ". Ordered accordingly