ASHOK NEWATIA Vs. STATE

JUDGEMENT

(1.) THE petitioner makes a quashing order in respect of proceedings filed by the respondent complainant commission of offences under Section 138/141 of Negotiable Instruments Act.

(2.) THE complainant had alleged that in the course of commercial transactions M/s viniyoga Clothex Ltd. Had issued cheques in the sum of Rs. 25,00,000 to it and that those cheques, when presented, were returned with the remark "exceeds arrangement". The drawer of the cheque namely the company and others such as managing director and directors, of whom the petitioners as one at that stage, were issued with notice. It was alleged that in spite of notice, the amounts were not paid. Consequently, the complaint was filed.

(3.) A summoning order was issued. In the course of the proceedings the Court issued notice under Section 251 of the accused. The petitioner arrayed as accused No. 4 challenge the proceedings. The principal contention raised is that the complaint does not disclose any specific role to the petitioner and that an omnibus averment has been made in para 10 to the effect that they along with others directors were in control and in charge of its day-to-day affairs of the accused company.