SANJAY GARG Vs. SOM NATH SINGLA

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr. PC for quashing complaint dated 14. 6. 1999 (Annexure P-l) filed by the respondent under Section 138 of the Negotiable Instruments Act (for short the 'act') and the summoning order dated 15. 6. 1999 (Annexure P-2) passed by the learned Judicial Magistrate Ist Class, chandigarh.

(2.) THE facts of the case are that respondent filed a complaint under Section 138 of the Act on the ground that respondent advanced financial help to the petitioner to the tune of Rs. 1 lac in the month of January, 1999 and the petitioner in token of refund of the amount, issued two cheques to the respondent bearing Nos. 62747 dated 18. 3. 1999 for Rs. 10. 000/- and 62748 dated 25. 3. 1999 for Rs. 10,000/- payable at Times Bank, Sector 7, Panchkula. It was further averred that cheque No. 62748 dated 25. 3. 1999was encashed and in sending the information to the Registrar of Companies about the change in the Board of Directors though Section 303 of Companies Act contemplates the outer limit within which the change has to be intimated to the Registrar, and also contemplates a fine being imposed for every day's delay in failing to intimate the change in Directorship, are all matter of evidence to be adduced in the cases. Therefore it is for the petitioenr to establish, to the satisfaction of the trial Court, that in fact he ceased to be the Director of Al Company by the date of issuance of cheques, and so he is not liable to be prosecuted. Therefore on the basis of Form No. 32 filed by the petitioner the proceedings in the C. Cs against him cannot be quashed.

(3.) THE case of the petitioner is that respondent approached the petitioner for a loan of Rs. 10,000/- as he was known to him. Petitioner issued Cheque No. 62747 dated 18. 3. 1999 for Rs. 10,000/ -. The reipondent again approached the petitioner on 24. 3. 1999 and stated that cheque No. 62747 dated 18. 3. 1999 was misplaced or lost by him and thus another cheque for the same amount be issued, as a result of which cheque No. 62748 dated 25. 3. 1999 was given to the respondent by the petitioner. The petitioner sent intimation to the bank to stop the payment of cheque No. 62747 dated 18. 3. 1999.