KRISHAN GARG Vs. RAJNI JAIN

JUDGEMENT

(1.) PETITIONER Krishan Garg has filed this petition against Smt.Rajni Jain and others under Section 482 Cr.P.C. for quashing of criminal complaint filed under Section 138 and 141 of the Negotiable Instruments Act, 1881 pending before learned Sub Divisional Judicial Magistrate, Safidon and the summoning order dated 21.07.2012 passed by above -said Court.

(2.) NOTICE of motion was issued in this case and learned counsel for respondent appeared and contested this petition. Learned counsel for the petitioner has argued only on one point that present petitioner has been named as accused in the complaint only on the averment Gulati Vineet that he is Director of R.K.S.K. Overseas Pvt. Ltd., Rice Mill i.e. accused No.1 -company. He argued that petitioner has been signing the cheques. The present respondent has not placed on record any purchase order nor any specific averment has been made in the complaint regarding his role. The present petitioner has not purchased the paddy nor he stopped the payment of the cheque in question. Therefore, he argued that the present complaint should be quashed.

(3.) ON the other hand, learned counsel for the respondent argued that firstly it is a disputed fact whether the petitioner was responsible for managing and conducting day -to -day affairs of the company, which fact is to be proved before the trial Court by producing evidence and he further argued that in the complaint itself, it has been written that accused No.2 to 4 are active Directors of the Company i.e. accused No.1 and have been actively involved in the purchase, previous payments and issuance of the cheques. All the Directors accused No.2 to 4 were incharge of and responsible to manage and conduct day -to -day affairs of the company and thus all of them along with company are liable. Learned counsel for the respondent further contended that even in the petition, it is nowhere written that present petitioner is not managing and conducting day -today affairs of the company. Rather, the averment shows that there was resolution between the Directors of the Company that all the cheques which are to be issued in future, will be signed by all the Directors of the Company, which averment itself shows that present petitioner is actively managing and conducting day -to -day affairs of the company.