SAMEER BHARATI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) By this judgment of mine, nine petitions bearing Criminal Misc. No. M-20785 of 2010, Criminal Misc. No. M-20789 of 2010, Criminal Misc. No. M-26017 of 2010, Criminal Misc. No. M-20815 of 2010, Criminal Misc. No. M-20820 of 2010, Criminal Misc. No. M- 20988 of 2010, Criminal Misc. No. M-26023 of 2010, Criminal Misc. No. M-26264 of 2010, Criminal Misc. No. M-26536 of 2010 shall be disposed of. However, the facts are being taken from Criminal Misc. No. M-20785 of 2010.

(2.) The petitioner has filed this petition under Sec. 482 of the Code of Criminal Procedure for quashing of complaint No.757 dated 22.12.2007 filed under Sections 138/142 read with Sec. 141 of the Negotiable Instruments Act, 1881 (for short "the Act") as well as the summoning order dated 22.12.2007 and other proceedings arising therefrom.

(3.) As per case of the petitioner, he was working as Additional Director in the company of the respondent and was not whole time director and has falsely been implicated in the case. The petitioner was neither the partner nor signatory of the cheques in dispute and was not involved for the day-to-day affairs of the company. He was working under the control of Board of Company constituted by the Chairman of the Company, who is sole Incharge of the company. The petitioner resigned from the job of Director on 31.08.2008. He never issued any cheque to any of the party including respondent No.2 without permission or approval of the Board of Directors. The talk of compromise was there between the parties and because of that reason learned Additional Sessions Judge, Faridabad, adjourned the case. A statement in this regard was also made before Lok Adalat on 20.12.2008 and it was agreed to make payment of outstanding amount of Rs.span1,00,55,000.00 to the complainant-respondent No.2. The cheques in dispute were never issued to discharge the legal liabilities but it was issued as a security and subsequently, it was replaced with new cheques.