ANIL JINDAL Vs. VISHWA JEET SANGWAN

JUDGEMENT

(1.) By this order, CRM-M-32946-2017 and CRM-M-35268- 2017 shall stand disposed of. These two petitions are arising out of complaints filed under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881.

(2.) This Court has heard learned counsel for the parties at length and with their able assistance gone through the documents filed which are part of the paper book as also documents supplied at the time of arguments.

(3.) Learned counsel for the petitioner in petition filed by Anil Jindal has submitted that petitioner is neither Managing Director nor Chairman nor Joint Managing Director of accused No.2 i.e. a limited company and since there are no assertions in the complaint that petitioner who is accused No.3, was incharge or was in any way involved in day to day activities of the company, therefore, the order summoning the petitioner as also order passed by the Court rejecting the application for discharge are erroneous. He has further submitted that petitioner was and is Director of the company as per Annexure P-5, a print out of the information from the site of Registrar of Companies and, therefore, the proceedings against the petitioner cannot be continued.