NEELAM KUMAR OSWAL Vs. ZEPELLIN SALES AND ANOTHER

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C praying for quashing of the criminal complaint no. 25 dated 29.1.2002 registered under Section 138 of Negotiable Instruments Act read with Section 416, 420/406 IPC titled as 'M/s Zeppelin Sales and another Vs. M/s Mukerian Paper Ltd and others' and summoning order dated 30.10.2002 (Annexure P-2).

(2.) Concededly the petitioner is Director of the Company which has issued the cheques intended to be honoured but were not honoured leading to the filing of the instant complaint and passing of the summoning order dated 30.10.2002 (Annexure P-2).

(3.) Learned counsel for the petitioner contends that bare reading of the complaint does not show that the petitioner was incharge of the affairs of the Company or was having any assertive and identifiable work in issuing the cheque on behalf of the Company as this would be reflected only if a specific averment had been made in the complaint regarding the petitioner being incharge of the day to day affairs of the Company. It has further been stated by the petitioner that a perusal of para 9 of the complaint would indicate that complainant was made aware of the factual position and yet in the complaint no such averments were made which would have satisfied the requirement of law. Reliance has been placed on cases titled as Vijay Kumar Sharma and another Vs. Chhida Mal, 2012 3 RCR(Cri) 567, Apex Health Care Private Limited and others Vs. M/s Alchemist Hospitals Limited,2012 5 RCR(Cri) 694 of this Court and that of Hon'ble Supreme Court in case titled as Central Bank of India Vs. M/s Asian Global Ltd. And others, 2010 3 RCR(Cri) 625 wherein it has been held as under:-