LACHHAMAN P UDHANI Vs. REDINGTON INDIA LTD

JUDGEMENT

(1.) THE petitioners are a2, A3 and A5 among six accused for an offence punishable under Section 138 of the negotiable Instruments Act in CC No. 4010 of 2002 on the file of the IX Metropolitan magistrate, Saidapet, Chennai.

(2.) THE private complaint has been taken on file and process has been issued to the petitioners. Learned counsel appearing for the petitioners submit that the cheques in question are dated 17. 1. 2002 and 28. 2. 2002 respectively. The cheques have been signed by the 4th accused and the petitioners have resigned from the first accused company as early as on 18. 12. 2001. After the receipt of statutory notice on 27. 4. 2002, the resignation of the petitioners from the company has been replied by way of reply notice dated 6. 5. 2002. Though the complainant is aware of the resignation and though they are not the Directors of the first accused company, mechanically without application of mind their names have been impleaded as accused in the case in the complaint dated 13. 6. 2002.

(3.) LEARNED counsel for the petitioners to substantiate such contention filed Form-32, which has been filed and accepted by the registrar of Companies as per the Companies Act. In such circumstances; considering the unimpeachable material, by way of documentary evidence, it is submitted that the proceedings pending against the petitioners may be quashed.