SANJEEV BINDRA Vs. NAHAR INDUSTRIAL ENTERPRISES LTD.

JUDGEMENT

(1.) This order shall dispose of the above nine petitions wherein prayer is for quashing of Criminal Complaint No.54663 of 2013 dated 06.11.2013 and summoning order dated 06.11.2013, Criminal Complaint No. 54664 of 2013 dated 06.11.2013, Criminal Complaint No.54662 of 2013 dated 06.11.2013 and summoning order dated 06.11.2013 passed by learned Civil Judge (Jr. Divn.) cum JMIC Ludhiana.

(2.) In CRM-M-7574, 7579 and 7581 filed by Sanjeev Bindra, brief facts of the petition are that the petitioner was appointed as a non-executive director of International Hometex Ltd on 27.02.2001. The petitioner was only a non-executive director in the company completely independent from the promoter group of the company and thus was not responsible or in-charge of the conduct of the business of the company. A photocopy of the 17th Annual Report of the Company for the year 2006-07 representing the petitioner as a non-executive director is Annexure P-3. Further, the petitioner-Sanjeev Bindra had already resigned from the directorship as well as other affairs of the Company much prior to the date of alleged issuance of the disputed cheques in question, the detail of the cheques reads as under:- <FRM>JUDGEMENT_249_LAWS(P&H)2_2015_1.html</FRM>

(3.) The petitioner had tendered his resignation as a director of the company on 25.08.2009 (P-4)and the same was duly accepted by the Company vide its resolution dated 25.08.2009 passed in the meeting of its Board of Directors (P-5). A certificate to this effect was also issued by the Company certifying that pursuant to the above resignation, the petitioner was no more concerned with day to day affairs/working of the company (P-6). In compliance of the statutory provisions under the Companies Act, 1956, the necessary Form 32 confirming the resignation of the petitioner/non-association of the petitioner with the Company w.e.f 25.08.2009 was also filed with the Registrar of Companies (P-7).