AJAY KRISHNAKANT PARIKH Vs. ANAND JAYANT DAVE

JUDGEMENT

(1.) Heard Mr.Prakash Naik, learned counsel for the applicants.

(2.) The applicants are the accused in C.C.No. 452/SS/2008 pending before the Metropolitan Magistrate, 27 th Court at Mulund. The said case is in respect of an offence punishable under section 138 of the Negotiable Instruments Act, and arises on a complaint filed by the respondent no.1 herein. There are totally five accused in the said case. The accused no.1 is a company by name "M/s.UPA Pharmaceuticals Ltd". The accused nos.2 and 3 are one Mr.Digant Upadhyay and Ms.Naliniben Upadhyay, respectively. The applicants are the accused nos.4 and 5, respectively, in the said complaint. The applicants and even the accused nos.2 and 3 are being prosecuted on the basis that they are the Directors of the accused no.1 company, who had issued the cheque in question.

(3.) According to the applicants, they are not the Directors of the accused no.1 company. According to them, they had resigned from the Directorship of the accused no.1 company, as back as on 10 October 2002. Since the transaction of the cheque and its dishonor took place in the year 2008, they claim that they have nothing to do with the alleged offences. On these contentions, they are invoking the inherent powers of this Court for quashing the said prosecution, so far as it relates to them.