(1.) Rule. Learned advocate Mr.Archit Jani waives service of Rule for respondent No.2 and learned APP Mr.Joshi waives service of Rule for the respondent - State.
(2.) The brief facts of the case are as under :
(3.) Learned advocate Mr.V.K.Rana appearing for the petitioner invoking the provisions of Sec. 141 of the Negotiable Instruments Act, 1881 (" N.I. Act ", for short), having referred to para 2 of the complaint would submit that role of the accused are specifically mentioned and accused No.2 was handling day- to-day affairs of the company and he was handling and managing monetary affairs of the company. Name of the present petitioner - accused No.4 is stated by general averments i.e. he was managing day-to-day affairs of the company. He would further submit that later on the petitioner has been removed from the directorship of B & C Energy Infra Private Limited and as on date, the petitioner is not the director of the accused company. Therefore, learned advocate for the petitioner submits that in view of provisions of Sec. 141 of the N.I. Act, the petitioner cannot be prosecuted as he is not managing the day- to-day affairs of the company and even he is not the signatory of the cheque in question. Upon above submissions, while referring to the judgment of Hon'ble Apex Court in case of Susela Padmavathy Amma vs. M/s. Bharti Airtel Limited - 2024 (3) SCR 647 : 2024 (0) AIJEL-SC 73394, learned advocate Mr.Rana submits to allow this petition and to quash the prosecution against the petitioner.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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