RAJESH KUMAR JAIN Vs. SWAROOP CHAND JAIN

JUDGEMENT

(1.) This order shall also govern disposal of Cr. Revision Nos. 105/01, 106/01, 107/01, 108/01 and 110/2001 as all the revisions have been preferred against same order and also on common question of facts and law.

(2.) Various complaints leading to aforesaid revisions were filed against respondent Swaroop Chand Jain and others under Sections 138 and 141 of Negotiable Instruments Act stating therein that M/s. S. K. G. Solvex is a company registered under Companies Act and Swaroop Chand Jain is its Director, who is responsible for its act. This company had purchased yellow Soyabeen from the complainant, for which certain amount of cheque was issued in favour of complainant by another co-accused Jitendra Kumar Jain. However, these cheques were dishonoured, for which statutory notices as required under sub-clause (c) of Section 138 of the Negotiable Instruments Act were served and then the complaints were filed.

(3.) The respondent Swaroop Chand moved two applications under Sections 245(2) and 204 of the Code of Criminal Procedure praying therein for his discharge on the ground that he has resigned from the directorship of the said company on 28-3-96 and further that he is not a signatory to the cheques in question, therefore prima facie not responsible for any of the affairs of the company. The applications were contested on the ground that the resignation letter was antidated and manipulated to have been registered in the office of Registrar of the Companies. A search report to this effect has been filed with the petition, which shows that the intimation of the resignation in Form No. 32 dt. 11-10-96 was received in the office of the Registrar on 20-3-97.