P SHRIRAM Vs. IMATION INDIA PVT LTD

JUDGEMENT

(1.) The present petition is filed under section 482 of the Code of Criminal Procedure for quashing of complaint case No. 4/1/2006 titled as "M/s. Imation India Pvt. Ltd. Vs. MBO Computers (I) Ltd. and Ors." under Section 138 of the Negotiable Instruments Act pending in the Court of Metropolitan Magistrate, New Delhi as also the order dated 24-01-2006 of the learned Metropolitan Magistrate whereby the present petitioner was summoned as an accused.

(2.) It is alleged in the petition that the petitioner joined the respondent no. 2 as a Director on 05-08-1998 and resigned from that post in the end of 1998 and thereafter he is continuously residing in USA. It is further alleged that since the cause of action arose in the year 2005 he has nothing to do with the complaint case pending the Court of Metropolitan Magistrate, New Delhi as he was not connected with the activities of the accused Company, respect no. 2 herein and so he should not have been summoned as an accused.

(3.) I have heard the learned counsel for the petitioner and learned counsel for the respondent no.1, complainant.