ROHIT KUMAR ARORA Vs. INDRAVADAN R SHAH

JUDGEMENT

(1.) SHRI Moite submitted that there is no allegation in the complaint against the petitioners that either of them signed the said cheque. He further submitted that there is no allegation in the complaint that they were liable to be punished in the capacity of the Directors of the Company of which they are Directors. He contended that they are not responsible for the conduct of the business of the company and therefore, the learned Magistrate should have considered all these facets and should have refrained from issuing the process against them. He further submitted that as it has been done, the action taken by the Magistrate becomes illegal, in view of the judgment of the Supreme Court in the matter of K. P. G. Nair v. Jindal Menthol India Ltd. reported in (2001) 10 SCC 218. He prayed for quashing of the order of issuing the process.

(2.) SHRI Saste opposed the prayer and prayed for dismissal of the application by submitting that the order which is being impugned is correct, proper and legal.

(3.) IN the judgment of K. P. G. Nair (supra) Supreme Court has held that :