K K JOY Vs. KERALA STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD (KSIDC) REPRESENTED BY ITS ASST GENERAL MANAGER & HEAD (LEGAL)

JUDGEMENT

(1.) Crl.M.C.No. 6831/2016:

(2.) It is stated in Anx.A1 dated 25.9.2012, Anx.A-2 dated 25.9.2012, Anx.A-3 dated 25.9.2012 and Anx.A-4 dated 30.9.2012 are stated to be the resignation letters of the four petitioners from the directorship of the company, which were accepted as per Ext.P-5 resolution dated 25.9.2012 and since, three persons were newly inducted as directors in the place of the petitioners, Anx.A-6 dated 1.10.2012 has been addressed by the erstwhile company of the petitioners to the 1st respondent Kerala State Industrial Development Corporation, who is the complainant informing that the petitioners have duly demitted the responsibilities and duties as directors of the company. It appears that the petitioners had also stood as personal guarantee, when loan was taken by the said company from the 1st respondent KSIDC and Anx.A-7 is stated to be the Form 32 documents submitted and issued by the Registrar of Companies, in respect of the resignation of the petitioners from the directorship of the company.

(3.) In impugned Anx.A-9 complaint dated 26.2.2015 it is stated that the 1st accused company had availed a term loan from the complainant and towards the defaulted amounts of the loan and interest thereon, the accused had issued the instant cheque dated 31.12.2014 for Rs.84 lakhs, which was dishonoured on 2.1.2015, etc.