ANIL KUMAR Vs. ABHISHEK ENTERPRISE

JUDGEMENT

(1.) The present petition is filed by the original accused No. 5 for seeking quashment of the Criminal Case No. 668 of 2009 pending before the learned Judicial Magistrate, First Class, Gandhidham, District : Kachchh-Bhuj and the process issued upon.

(2.) The case of the applicant is that a complaint came to be filed in the form of Criminal Case No. 668 of 2009 essentially against M/s. Advantage Global BPO Pvt. Limited, a Company registered under the provisions of the Companies Act. The main allegation levelled in the complaint that the accused Company along with four other persons in their capacity as Director issued a cheque towards outstanding amount of Rs. 3,56,000/- and in response thereto a cheque bearing No. 160076 dated 31.12.2008 of HDFC Bank Ahmedabad Branch came to be issued in favour of the complaint in discharging of their dues and liabilities with respect to the supply of computer hardware by the complainant.

(3.) Learned advocate Mr. Aditya Choksi, for Mr. Ajaykumar Choksi, an advocate representing the applicant, has vehemently contended that complaint which has been filed is nothing, but an arm twisting method insofar as applicant is concerned. It has been contended that applicant is merely a director and had nothing to do with day-to-day affairs of the Company. He is not a signatory to the cheque in question nor is completely unaware of the fact as to for which dues the cheque came to be issued by one of the Directors.