RAJEEV BEHL Vs. HARBANS SINGH JOSON

JUDGEMENT

(1.) In the above-captioned petitions, the petitioner has sought quashing of complaints filed against him for offence punishable under Section 138 of the Negotiable Instruments Act by different complainants in his capacity as director of M/s Realtech Constructions Pvt. Ltd. on the ground that he was not director of aforesaid company on the date of issuance of cheques and had resigned as director, way back on 02.01.2013.

(2.) For the sake of convenience learned counsel for parties have addressed arguments and made reference to documents in CRM-M-24973 of 2018 ( Rajeev Behl vs. Ashwanjit Singh Joson and others ).

(3.) Learned counsel for petitioner has argued that petitioner was director of M/s Realtech Construction Pvt. Ltd. till 02.01.2013, when he resigned but his resignation was not uploaded on the website of Registrar of Companies and the required formalities were not completed by other directors as a result of which his name continued in the list of directors. However, this fact is admitted by the other directors of the company during arbitration proceedings between petitioner and other directors, namely, Yogesh Gupta and Pankaj Dayal. The arbitrator (Hon'ble Mr. Justice S.B. Sinha) in his award has referred to a settlement between petitioner and Pankaj Dayal, director, which was annexed with the award and as per that settlement, copy of which has been placed on file as Anneuxre P-3 (colly), resignation of petitioner from the company w.e.f. 02.01.2013 was acknowledged and it was assured that necessary steps to file relevant form (Form No. 32 etc.) before ROC and uploading the information on the portal of Ministry of Corporate Affairs shall be taken.