JANGI LAL OSWAL Vs. ZEPPELIN SALES AND ANOTHER

JUDGEMENT

(1.) This is a petition under Sec. 482 Cr.P.C praying for quashing of the criminal complaint No. 25 dated 29.1.2002 registered under Sec. 138 of Negotiable Instruments Act read with Sec. 416, 420/406 Penal Code and summoning, order dated 30.10.2002 (Annexure P-2). Learned counsel for the petitioner contends that the petitioner has resigned much prior to the issuance of cheque and this fact was duly brought to the notice of the complainant when he submitted legal notice. In para 9 of the complaint this fact has been admitted by the complainant and the same is extracted herebelow:

(2.) Notice had been issued in this petition and after initial appearance the respondents failed to appear and also chose not to file reply. Today a categoric statement has been made by Mr. M.S. Nain, Advocate that he has no instructions.

(3.) The matter is pending since 2009 and therefore, the Court intends to proceed with the matter without the assistance of the reply of the respondents who have chosen the path of default in appearance. There is material on record to show that the petitioner had resigned from the post of Director of the Company as is evident from Form No. 32 appended with the petition. In any eventuality the complainant himself was made aware that the petitioner was no longer the Director at the time of issuance of cheque as is apparent from the reproduction of para 9 of the complaint above. Reference has also been made by the learned counsel for the petitioner is judgment rendered in Crl. Misc. No.M-41781 of 2005 preferred by the same respondent against the different Director of the Company who was also similarly placed. In those proceedings also the respondent defaulted in appearance and the Court thereafter noticing all the facts quashed the complaint and all consequent proceedings.