AMIT BIRENDRAKUMAR SINHA Vs. VARSANA ISPAT LTD

JUDGEMENT

(1.) PRESENT Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure has been preferred by the applicant -original accused No.3 to quash and set aside the impugned complaint being Criminal Case No. 4120 of 2009 pending in the Court of learned Additional Chief Judicial Magistrate, Gandhidham, which has been filed for the offence under Section 138 of the Negotiable Instruments Act.

(2.) THE impugned criminal complaint being Criminal Case No.4120 of 2009 has been filed by respondent no.2 -original complainant in the Court of learned Additional Chief Judicial Magistrate, Gandhidham against the petitioner and others for the offence under Section 138 of the Negotiable Instruments Act with respect to dishonour of the cheques, which were admittedly signed by the original accused nos. 2 and 3 (inclusive of the petitioner -accused no.3) authorized signatory of original accused no.1 company. That the learned JMFC, Gandhidham by order dated 3.9.2009 has directed to issue summons against the petitioner and other accused persons for the offences under Section 138 of the Negotiable Instruments Act. Being aggrieved and dissatisfied with the issuance of the process of summons upon the petitioner in Criminal Case No.4120 of 2009 for the offence under Section 138 of the Negotiable Instruments Act, the petitioner -original accused No.3 has preferred the present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure.

(3.) SHRI Anshin Desai, learned advocate for the petitioner has submitted that cheques in question were dated 26.3.2009, 31.3.2009, 4.4.2009 and 8.4.2009, which were signed by the petitioner as one of the signatory of the cheques as Vice President of the original accused no.1 company and the same came to be presented in the Bank at Gandhidham on 6.7.2009, which came to be dishonoured on 7.7.2009, however prior thereto the petitioner had already tendered his resignation as Vice President / Director of the Company on 27.6.2009 and the same was accepted on the same day and therefore, at the time when cheques was dishonoured the petitioner had already resigned and therefore, it cannot be said that the petitioner has committed the offence as alleged under Section 138 of the Negotiable Instruments Act.