MALA UMESH MEHTA Vs. AVR LOGISTIC PVT. LTD

JUDGEMENT

(1.) BY consent of the learned counsel for the parties, heard finally.

(2.) THE applicant is one of the accused - accused No.4 -in SCC No.232/2012 pending before the Judicial Magistrate First Class, at Aurangabad. 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. The respondent nos.3,4 and 5 herein are the other accused -accused nos.1,2 and 3 respectively, in the said SCC No.232/2012. The applicant is aggrieved by the order issuing process against her as passed by the Magistrate and has approached this Court invoking its inherent powers and praying that the order issuing process against her be quashed and set aside.

(3.) IT is the contention of the learned counsel for the applicant, that the applicant, though a director of the accused company, is only a nominal director and does not participate in the affairs or business of the accused company. It is submitted that averments made in the complaint are insufficient for proceeding against the applicant. Reliance has been placed on some reported decisions of the Apex Court in support of the contention that the averments made in the complaint are insufficient for proceeding against the applicant. Reliance is also placed on certain documents which are annexed to the petition, to contradict the version given in the complaint.