(1.) As identical issues are involved in both the matters, with the consent of both the parties, they are being heard and decided by this common order.
(2.) The brief facts of the case are as under :
(3.) Learned advocate Mr.Aneesh Sadhwani appearing for the petitioner invoking the provisions of Sec. 141 of the Negotiable Instruments Act, 1881 (" N.I. Act ", for short), having referred to complaint would submit that the present petitioner is not the director of the company at any point of time and he has produced copy of extract from Ministry of Corporate Affairs which shows his DIN number and names of the companies in which he worked as Director. However, the name of the accused company is not mentioned therein. It is further the case of the petitioner that he is not signatory of the cheques in question. 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.Sadhwani submits to allow these petitions and to quash the prosecution against the petitioner.