REKHA DIXIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revisional application is directed against the criminal proceeding being Case No. C-43/99 under section 420/471 of the Indian Penal Code presently pending before the learned Metropolitan Magistrate, 15th Court, Calcutta praying for quashing of the aforesaid proceeding and also praying for setting aside the order dated 12.04.99 whereby and whereunder summons were issued against the present petitioner.

(2.) The facts leading to the filing of this revisional application may be stated as under: The aforesaid criminal proceeding was initiated on the basis of the complaint lodged by one Ratanlal Sethia, opposite party No. 2 herein before the learned CMM, Calcutta wherein commission of offence by the petitioner and others punishable under sections 420, 423, 463, 464, 465, 467, 468, 470, 471 and 474 of the Indian Penal Code was alleged.

(3.) It has been alleged by the petitioner that she is erstwhile Director of M/s. Sequence Estates Pvt. Ltd. and she resigned from the post of Directorship of the said Company with effect from 15.09.1998. The aforesaid information was duly communicated to the Registrar of Companies, Delhi and Haryana and the same is apparent from the Registrar of Companies and the C.C. of Form No. 32 obtained from R.O.C. It has been alleged by the petitioner that during her tenure as a Director she was never involved in the day-to-day functioning of the business of the Company and finding it difficult in her post as the Director of the said Company and specially due to her absolute personal reasons, she resigned from the post of Directorship of the said Company. But the petitioner was surprised to receive a summons dated 23.8.99 issued by the learned Metropolitan Magistrate, 15th Court, Calcutta in connection with the aforesaid case whereby she was directed to appear before the concerned Court on 7.10.99 to answer a charge under the aforementioned sections of the Indian Penal Code.