RENU MADAN Vs. STATE

JUDGEMENT

(1.) PETITIONER claims herself to be sleeping Director of M/s. Shree conveyor Systems Pvt. Ltd. and that she has nothing to do with day-to-day business affairs of the aforesaid company. She has been summoned as an accused in Criminal complaint No. ,73/2005 titled M/s. R. B. G. Leasing and Credit Limited, under Section 138 of Negotiable Instruments Act.

(2.) QUASHING of the aforesaid complaint filed by respondent No. 2 and proceedings pursuant thereto, is prayed for, in this petition. According to the petitioner, she has no role to play as she had not approached respondent No. 2 for any loan nor it was given to her and petitioner had not given any assurance of repayment, nor the cheques in question have been signed by her and even the statutory notice regarding dishonouring of aforesaid cheques is not sent to her and, therefore, quashing of aforesaid complaint is sought by placing reliance upon judgments reported in (2005) 8 SCC 89 and AIR 2007 SC 1454.

(3.) RESPONDENT No, 2/complainant has drawn attention of this Court to para 2 of the criminal complaint to show that petitioner as well as her husband were both in-charge of their company and were responsible for the conduct and business of their company. Whereas, petitioner has pointed out that in paras 4 to 7 of the complaint in question, the active role is attributed to accused No. 2 who is the husband of the petitioner and not to accused No. 3 who is the petitioner.