VIJAY KAPOOR Vs. ALL BANK FINANCE LTD

JUDGEMENT

(1.) THIS is a petition under Section 482 cr. P. C. for quashing of the proceedings initiated under Section 138 read with Section 142 of the Negotiable instruments Act in the Complaint Case no. 8057/1/04, titled All Bank Finance Limited v. Overseas Cables Limited and Ors. , qua petitioner.

(2.) LEARNED counsel for the petitioner submits that petitioner was neither a director nor a signatory to the cheque (s) in question, as he had resigned from the directorship of the company on 7. 1. 1993 and the Registrar of Companies was informed about the resignation on 25. 9. 1996. He also submits that the post dated cheques which are the subject matter of the complaint were issued for the period July to December, 1999 and petitioner resigned from the directorship much prior, hence, prays that the complaint qua him, be quashed.

(3.) LEARNED counsel for respondent No. l, upon verification very fairly submits that apparently petitioner herein was arrayed as a party on account of some misunderstanding and in view of the fact that name of the company had changed and he has no objection if the above said complaint and proceedings arising therefrom qua petitioner are quashed.