BHARDWAJ THIRVENKATA VENKATAVARAGHAVAN Vs. PVR LTD

JUDGEMENT

(1.) On the criminal complaint case (573/1/2015 new number 35421/2016) of the respondent, the petitioner along with certain others, were summoned as accused by the Metropolitan Magistrate, by order dated 11.04.2016, to answer the accusations of offence under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), the gravamen thereof being that no payment was made inspite of notice of demand after dishonor of certain cheques, which had been issued against the account of Vasan Health Care Pvt. Ltd., a company in which the petitioner and some of the other accused shown in the array were described as directors at the relevant point of time.

(2.) The petitioner, feeling aggrieved, has come up to this Court by the petition at hand invoking the inherent power and jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) contending that the proceedings taken out against him in the criminal court are an abuse of the process of law, his position in the said company i.e. Vasan Health Care Pvt. Ltd. (the company accused) at the relevant point of time being that of "non-executive nominee director", who had no role to pay in the day-to-day affairs or business of the company.

(3.) Notice of the petition was served on the respondent in terms of the order dated 25.04.2018 for 13.07.2018 on which day the matter was adjourned giving liberty to the respondent to file a reply. No reply has been filed till date. On the matter being called out, no one has appeared for the respondent. It was kept in wait. Inspite of the matter being passed over there is no appearance on behalf of the respondent till 3.00 p.m. It is clear that the respondent does not seek to put in any contest to the averments in the petition. In these circumstances, the documents filed by the petitioner (to be specific form no. 32) confirming his position to be that of "non-executive nominee director" in the company accused, will have to be accepted as indisputable.