SONALIBEN DEEPAMBHAI THANAWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since in this group of matters issues are common, they are being disposed of this common order.

(2.) Facts as recorded in Criminal Misc. Application No.4122 of 2009 may be noted.

(3.) Petitioner is original accused No.2 in a complaint filed before the learned Chief Judicial Magistrate, Surendranagar being Criminal Case No.246 of 2009 filed on 12.2.09 by respondent No.2 herein. The complaint pertains to dishonour of cheque signed by accused No.1 allegedly for and on behalf of one Private Limited Company, viz. Chunilal Pranjivandas Cotton Company Pvt. Ltd. (hereinafter to be referred to as 'the Company'). It is the case of the petitioner that she is not a signatory to the cheque. Notice issued by the complainant under section 138 of the Negotiable Instrument Act was never served on her. Though she was earlier a Director of the said Company, at the time when the cheque was presented for realization on 6.12.08, she had already resigned from the Directorship. She tendered her resignation on 17th July 2008, which resignation was accepted by the said Company on 22nd July 2008. The cheque in question issued on 26.7.08 was presented by the complainant in December 2008 and dishonoured by the Bank on 6th December 2008. The petitioner has produced form No.32 of the Registrar of Companies regarding retirement of the petitioner from the Directorship of the said Company. This form is dated 8th September 2008.