V NATRAJAN Vs. STATE

JUDGEMENT

(1.) The present petition is filed under section 482 of the Code of Criminal Procedure for quashing of complaint case titled as "Nairsons I.T. Pvt. Ltd. Vs. Sai Priya Consultants (P) Ltd. and Ors." under Sections 138/142 of the Negotiable Instruments Act pending in the Court of Metropolitan Magistrate, Karkardooma Courts as also the order dated 03-01-2003 of the learned Metropolitan Magistrate whereby the present petitioner was summoned as an accused.

(2.) The Respondent no. 2 complainant, filed a complaint case against M/s. Sai Priya Consultants Pvt. Ltd. and its Directors under Section 138 read with 141 of the Negotiable Instruments Act and in that case petitioner herein was summoned as an accused who appeared in Court and moved an application under Section 245 Cr.P.C. for discharge on the ground that since he was only a sleeping director of the Company and was not involved in the day to day functioning as well as conduct of the business of the Company and also that at the time of alleged offence in the year 2002 he was gainfully employed elsewhere he was not responsible for any act of M/s. Sai Priya Consultants Pvt. Ltd. It is alleged in the petition that the application of the petitioner-accused for his discharge was rejected by the Metropolitan Magistrate referring to the judgment passed by Hon'b le Supreme Court in case "Adalat Prasad Vs. Rooplal Jindal", 2004 (3) JCC 1347. Feeling aggrieved, the petitioner filed this petition before this Court for quashing of the complaint and the summoning order.

(3.) I have heard the learned counsel for the petitioner and learned counsel for the respondent no.2, complainant.