BHUPINDER KAUR GILL Vs. PARAMJIT SINGH

JUDGEMENT

(1.) Vide this judgment, three petitions bearing CRM-M-10182 of2017, CRM-M-38384 of 2017 and CRM-M-34873 of 2018 seeking quashing of separate criminal complaints and orders passed summoning the petitioner are being questioned.

(2.) Learned counsel for the petitioner has submitted that the petitioner is an Ex. Director of accused No.l and there are no specific assertions with regard to the petitioner being Incharge of the business. He has further submitted that the petitioner had resigned from Directorship on 25/1/2012 and therefore, the complaint against the petitioner is not maintainable. He has relied upon a judgment passed by the Hon'ble Supreme Court in the case of National Small Industries Corporation Ltd. vs. Harmeet Singh Paintal and another, 2010(2) SCC (Criminal) 111.

(3.) On the other hand, learned counsel for the respondents has drawn attention of the Court to Para 1 of the complaint and submitted that the complaint itself contains pleadings in terms of Sec. 141 of the Negotiable Instruments Act, 1881. They have further submitted that the liability in question for which cheques were issued is of the period when the petitioner was a Director as would be clear from the agreement signed between the parties on 23/12/2011. Still further, it is apparent from the reading of the agreement that post dated cheques were given. Learned counsel has further referred to final investigation report submitted by the police.