SUNITA Vs. STATE OF M.P.

JUDGEMENT

(1.) BY these petitions, petitioner prays for quashment of criminal proceedings of Criminal Case No. 889 of 2003 and 2094 of 2003 pending in the Court of Judicial Magistrate First Class, Indore against her under Sees. 138 and 141 of Negotiable Instruments Act (hereinafter shall be referred as the 'Act').

(2.) FOR deciding these petitions, facts of Criminal Case No. 889 of 2003 are only required to be stated in short:

(3.) PRESENT petitioner filed an application under Sec. 204 and 245 of the Criminal Procedure Code (hereinafter referred to as the 'Code') before the Trial Court, copy of which has been annexed in the petition marked as Annexure-P-2. In the said application it has been mentioned that petitioner had already resigned the company/accused No. 1 in the year 1995 and was ceased to act as Director since 1st Dec. 1995 and since then she had no post in the company. The cheques were issued on 10.2.2003 and on this date she was not Director of the company. Therefore criminal proceedings initiated against her are liable to be quashed. Photo copy of Form No. 32 issued by Registrar of Companies State of Maharashtra and certified by Chartered Accountant was also filed before the Trial Court along with an application which is marked as Annexure A-3. The application was considered and allowed by the Trial Court and petitioner was discharged.