ANU MEHTA Vs. GUNMALA SALES PVT LTD

JUDGEMENT

(1.) Present petition has been filed by three Directors of the Navkar Buildestates Pvt. Ltd. (hereinafter referred to as the 'Company ') namely Anu Mehta, Kanhaiya Lal Mehta and Siddharth Mehta. It is averred in the petition that petitioner nos. 2 and 3 are continuing to be directors of the Company. Siddharth Mehta is resigned from the company. The averment made regarding petitioner no.3, Siddharth Mehta, is that he has resigned from the Company is seriously disputed by the counsel for the complainant.

(2.) The present revision petition has been filed under Section 482 Cr.P.C. The above said three petitioners have prayed that the Complaint Case no.24033 of 2 2011 pending before the Metropolitan Magistrate, 9th Court, Calcutta, against them for offence under Sections 138/141 of the Negotiable Instruments Act, be quashed.

(3.) The petitioners have been summoned to stand trial by the Court of Metropolitan Magistrate, 9th Court, Calcutta. In the present petition, accused petitioners have raised two questions for the consideration of this Court: