BHAGWATI PRASAD BAJAJ Vs. BRAHM PRAKASH SHARMA

JUDGEMENT

(1.) By way of present petition, filed under Section 482 CrPC, the petitioner is seeking quashing of complaint case, pending in the court of Magistrate, filed under Section 138 of the Negotiable Instruments Act.

(2.) Respondent/complainant filed a complaint under Section 138 of the Negotiable Instruments Act against seven accused persons and the present petitioner is one of the accused in that complaint. It has been alleged in the complaint that accused No. 2 to 7 have been Directors of accused No. 1 and they have been in-charge and were responsible to the accused No. 1 company for the conduct of the business of the company. Towards the part payment of the dues of the respondent/complainant, the accused had issued cheque and when the respondent/complainant presented the cheque for encashment, the same was returned unpaid with the remarks "exceeds arrangement". Thereafter the legal notice was served by the respondent/complainant.

(3.) In the present petition, it has been alleged by the petitioner that this petitioner was sleeping Director at the time of the establishment of the company. He was never involved in the business activity and he tendered his resignation from the office of the Board of Directors of the company with effect from 7th September, 2004 and the Chairman of the Company accepted his resignation and the same was filed before the Registrar of the Companies and accordingly the petitioner's name was removed from the post of Director from the official record. All the cheques were issued in the year 2005 and at that time the petitioner was not concerned with the office of the company nor he was authorised signatory and was also not involved in the company affairs. Under these circumstances, the present complaint is liable to be quashed.