SANJAY BABULAL BHUTADA Vs. REDINGTON (INDIA) LIMITED

JUDGEMENT

(1.) Crl.O.P.No.34248 of 2019 is filed by the Accused No.6 seeking to quash the proceedings in C.C.No.3872 of 2014 pending on the file of the learned Fast Track Court/III Metropolitan Magistrate, Saidapet, Chennai which is a private complaint filed under Sec. 138 of the Negotiable Instruments Act.

(2.) Crl.O.P.No.34923 of 2019 is filed by the Accused No.4 seeking to quash the same complaint.

(3.) Learned Counsel for the Petitioner/Accused No.6 submitted his arguments. As per the submissions, the Petitioner/Accused No.6 was not the Director of the Company on the date of issuance of cheque and on the date of filing of the Criminal Complaint. The learned Counsel for the Petitioner/A6 invited the attention of this Court to Page No.1 of the typed set of papers which is the downloaded printed copy of Form-32 where the name of the Petitioner/A6 is found and the date of resignation is mentioned as 20/3/2014. Further, the learned Counsel for the Petitioner/A6 submitted that as per Sec. 168(2) of the Companies Act as amended in 2013, the resignation if accepted by the Company is to be forwarded to the Registrar of Companies under Form-32. Further, he invited the attention of this Court to Page No.7 of the typed set of papers which is the resignation letter dtd. 12/3/2014 sent by the Petitioner/A6 wherein it is found that there was an endorsement made on 20/3/2014 by M.N.K.Nair as 'Resignation accepted with lots of regrets'. Page No.9 of the typed set of papers is the complaint. Learned Counsel for the Petitioner/A6 invited the attention of this Court to the averments in the complaint stating that all the accused received the goods under the invoices and signed and issued the Three cheques and the first cheque dtd. 22/3/2014 bearing No.002535 for Rs.7,10,085.00 and another Cheque dtd. 22/3/2014 bearing No.002777 for Rs.1,85,09,054.00and another Cheque dtd. 22/3/2014 bearing No.002791 for Rs.10,00,000.00 in all totalling to amount of Rs.2,02,19,139.00 (Rupees Two Crores Two Lakhs Nineteen thousand One Hundred and Thirty Nine only) all the cheques were drawn on Lakshmi Vilas Bank, Fort Mumbai Branch, Bharath House, Ground Floor, Marg, Fort Mumbai - 400 001. The cheque was issued on 20/3/2014 and on the date of issuance of the cheque, the Petitioner/A6 was not the Director of the Company as the resignation takes effect immediately. The admitted case of the Petitioner is that the cheque was issued on 20/3/2014 and the date of resignation is 12/3/2014 and it had come into effect immediately as per Sec. 168(2) of the Companies Act as amended on 2013. Prior to the amendment in 2013, there was no specific provisions regarding resignations. In those circumstances, the reliance placed upon by the learned Counsel for the Petitioner/A6 in 2012 (3) MWN (Cr.) (DCC) 124 (Mad.) in the case of Renuka Ramanath -vs- Yes Bank Limited wherein it it is held as under: