ANIL PURI Vs. MAKHAN LAL VINOD KUMAR

JUDGEMENT

(1.) PETITIONER -Anil Puri, resident of Shastri Nagar, Ludhiana has filed this petition seeking quashing of complaint filed under Section 138-B of the Negotiable Instruments Act, 1881 (for short, the Act) on the ground that no offence under the said Act can be urged against him as he was never the Director of the Company which had allegedly issued the cheque in question leading to the filing of the complaint.

(2.) A few facts leading to the filing of the complaint and the subsequent proceedings may be noticed :

(3.) THE learned counsel for the petitioner submits that a perusal of the complaint would show that the petitioner has been arrayed as an accused solely on the basis that he is the Director of the defaulting firm which a Public Limited Company. The counsel then submits that ever since the date of incorporation of this Company and till date the petitioner has never been a Director of the said firm. In support of his contention, the petitioner has made reference to certificate dated 27.8.2001 issued by the Registrar of Companies which is to the effect that the petitioner had never been a Director of this Company. The counsel accordingly submits that this evidence completely demolishes the case set up against him in the complaint. He has also relied upon Memorandum of Articles and Association of the Company to show that the petitioner is not a Director. He has also submitted that merely on account of the petitioner being a shareholder he cannot be fastened with any liability and has further contended that the complaint, as such, discloses no evidence which could reveal commission of offence by the petitioner.