ANITA GUPTA Vs. COTTON WORTH

JUDGEMENT

(1.) BY way of present petition, filed under section 482 of Code of Criminal Procedure, petitioner is seeking quashing of complaint case titled 'M/s Cotton Worth v. M/s. Exim Trade Links' (Annexure P-5) pending in the Court of Judicial Magistrate, Panipat filed under Section 138 of Negotiable Instrument Act (for short 'N.I. Act').

(2.) RESPONDENT -complainant filed a complaint under Section 138 of N.I. Act against the petitioner, her husband and the company owned by them. It has been alleged that petitioner and her husband were partners of firm-accused No.1 and they have been In-charge and were responsible to accused No. 1- company for the conduct of the business of the company Towards part payment of the dues of the respondent-complainant, the accused had issued cheque for an amount of Rs. 1 lac and when the respondent-complainant presented the cheque for encashment, the same was returned unpaid with the remarks 'funds insufficient'. Thereafter, the legal notice was served by the respondent- complainant.

(3.) IN N. Rangachari v. Bharat Sanchar Nigam Limited, 2007 (2) RCR (Criminal) 875, a cheque issued by the company was dis-honoured and a complaint under Section 138 of the Act was filed in which allegations were made against the Directors of the company and the question was whether they were incharge of affairs of the company at the relevant time or not. It was held by Hon'ble Supreme Court that it can be adjudged only during he course of trial and complaint can not be quashed under Section 482 Cr.P.C. Dealing with the provisions of Section 138 and Section 141, N.I. Act, Hon'ble Supreme Court held that