RANJIT CHAUDHARY Vs. SANJEEV THAREJA

JUDGEMENT

(1.) BY way of this petition, petitioner Sh. Ranjit Choudhary seeks quashing of complaint case No. 94/1/2003 under Section 138 of the Negotiable Instruments Act titled "Sanjeev Tharija v. Bombay Bazaar" and proceedings conducted therein which is pending adjudication in the Court of learned Metropolitan Magistrate Ms. Navita Kumari,

(2.) EPIGRAMMATICALLY , on 10.12.2002a cheque bearing No. 168979 was issued by M/s. Bombay Bazaar, respondent No. 2 company (drawn on Punjab and Sindh Bank for a sum of Rs. 35,531 in favour of the complainant, respondent No,] Sanjeev Thareja and Sons (HEF) in lieu of the commission payable to the complainant in terms of an agreement inter I se them of establishing distribution contre at Lajpat Nagar. Complainant presented the above said cheque to its banker, who informed the complainant that the cheque stood dishonoured for "Funds Insufficient". Complainant sent a legal notice dated 11.2.2003 to the respondent No. 2 company as well as the petitioner and respondent Nos. 3 to 9 who were the directors of (he respondent No, 2 company calling upon them to pay the amount of the bounced cheque. The accused persons sent a reply to the said legal notice. Consequently complainant filed a complaint somewhere in May 2003. The trial Court took cognizance of the offences and summoned the accused persons including the petitioner. On 6.3.2007 learned Metropolitan Magistrate issued non-bailable warrants against the petitioner and other ace used persons. Hence, the present petition.

(3.) IT is further argued by the counsel for the petitioner that the date on which the cheque was issued that is 10.12.2002; the petitioner had already resigned on 14.9.2002. Even during his tenure as a director, he was not involved in the day-to-day functioning of the company.