SUSHIL SINGLA Vs. HARIPAL SINGH

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure for quashing the complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter called "the Act" ).

(2.) IT is stated in the petition that the respondent-complainant, Haripal Singh, filed a complaint in respect of cheque dated March 8, 1992, drawn on State Bank of Bikaner and Jaipur, for Rs. 1,25,000 through Qimat Rai Garg, managing director of M. M. Leasing Limited. It is averred in the petition that the petitioners, Sushil Singla and Madhu Rai Garg, were simply directors of the company and were neither in charge of, nor responsible to the affairs of the company. The cheque was issued by Qimat Rai Garg for and on behalf of the company who was in charge of, and responsible to the company for the conduct of the business of the company. The petitioners have been impleaded as accused in spite of the fact that no offence has been disclosed against them as is clear from a bare reading of the complaint.

(3.) WRITTEN statement has been filed by Haripal Singh, respondent. He has stated in the reply that the petitioner, Madhu Rai Garg, is the main accused being the wife of Qimat Rai Garg and she was very closely associated with all his companies including M. M. Leasing Limited. He has emphatically denied the averments made in the petition and has stated in the written statement that both the petitioners are in charge of, and responsible for the affairs of the company.