ANITA MALHOTRA Vs. APPAREL EXPORT PROMOTION COUNC

JUDGEMENT

(1.) This is a petition for quashing the complaint filed by the petitioner and two others under Sec. 138 of Negotiable Instruments Act.

(2.) A perusal of the complaint shows that certain cheques were issued to the complainant by accused No.1 M/s Larareil Exports Pvt. Ltd. The cheques, when presented to the bank, were dishonored on account of funds being insufficient in the account. After serving a notice of demand and on account of failure of the accused persons to pay the amount of cheques despite notice, this complaint was filed on the allegations that accused No.2 Mohan Soi and accused No. 3 Anita Malhotra were Directors of accused No.1 M/s Larareil Exports Pvt. Ltd. and were responsible to accused No.1 for conduct of its business and were In -charge of acts and deeds of the company and were also responsible to its day to day affairs, funding monies etc. It has been specifically alleged that they were In -charge of and responsible to accused No. 1 M/s Larareil Exports Pvt. Ltd. at the time offence was committed.

(3.) The case of the petitioner is that though the cheques were of 1st June, 2004, she had resigned as a Director of accused No.1 w.e.f. 31st August, 1998.