NITIN KUMAR Vs. NCT OF DELHI

JUDGEMENT

(1.) THESE are petitions under Section 482 of the Code of criminal Procedure seeking quashing of the complaint case filed by respondent No. 2 against the petitioner under Section 138 of negotiable Instruments Act. The complaints were filed against a company Tip Info Centre Pvt. Ltd. and Others, including the petitioner. It has been alleged in the petitions that the petitioner is neither a signatory to the cheque in question nor had he handed over to the complainant. It has been further alleged that the petitioner had resigned as a Director of this company on 10th August, 2007, much prior to the issue of cheque in question.

(2.) A perusal of the complaint would show that accused No. 1 is a private limited company. Accused No. 4 Nitin Kumar was alleged to be a Director and share holder of accused No. 1. It has been further alleged in the complaint that the accused, towards payment of legally recoverable debt, issued the cheque in question to the complainant, which, when presented, was dishonored. It has been generally alleged in the complaint that

(3.) IT is an admitted case that cheque in question has not been signed by the petitioner. It is also an admitted case that the petitioner is not the Managing Director of accused No. 1 Tip Info centre Pvt. Ltd. Though the petitioner claims that he had resigned as a Director of the company with effect from 10th august, 2007 and his resignation was also accepted by the Board of Director in its meeting held on the very same day, certified copy of form 32 has not been filed by the petitioner. Therefore, for the purpose of the present petition I proceed on the assumption that the petitioner was a Director of accused No. 1 tip Info Centre Pvt. Ltd on the date offene under Section 138 of negotiable Instruments Act was committed by accused No. 1.