AMAN KUMAR AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit-of-service filed in Court today be kept with the record.

(2.) Mr. Bhattacherjee, learned advocate appearing for the petitioner submits that the proceedings are under Ss. 138/141 of the Negotiable Instruments Act and it has been alleged in the petition of complaint in a very vague manner, the petitioner approached the complainant-company. No specific role of the petitioner as a Director was assigned at the relevant time when the offence was committed. Learned advocate also draws the attention of this Court to the downloaded Form No. DIR-11 wherefrom learned advocate submits that the petitioner has resigned as Director on 1/10/2016. It has been pointed out that the cause of action of this case arose on or about June 2019.

(3.) Learned advocate appearing for the complainant/opposite party no.2 has preferred an affidavitin-opposition wherein a number of documents have been enclosed. Learned advocate draws the attention of this Court to paragraph 2 of the petition of complaint and emphasises that the petitioner as a Director participated in the transaction and is responsible for day-to-day business of the company. Additionally, attention of this Court has been drawn to a document of the year 2011 in respect of an undertaking which was signed by one A. Agarwal. Learned advocate has also stressed on the issue that there was no reply to the notice which was received by the petitioner and as such, it would be premature to interfere with the proceedings when the facts are hazy and participation of the petitioner in the whole transaction cannot be ruled out. I have considered the submissions advanced on behalf of the learned advocates for the petitioner as well as the complainant/opposite party no.2. On a scrutiny of the materials appearing from the records of this revisional application, I find that the allegations in respect of the petitioner in the petition of complaint are levelled in paragraphs 2, 9 and 11. On the other hand, the document relied upon by the petitioner in respect of downloaded copy of the Ministry of Corporate Affairs reflects that resignation of the petitioner to be on 1/10/2016 which is much more prior to the date on which cause of action arose.