VIKAS TOURANI Vs. HIM TEKNO FORGE LIMITED

JUDGEMENT

(1.) THIS petition has been filed under Section 482 Cr.P.C. for quashing Criminal Complaint No. 35/3 of 2003 pending in the Court of learned Sub Divisional Judicial Magistrate, Nalagarh, summoning order and order dated 30.07.2005.

(2.) THE facts, in brief, are that respondent No.1 has filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short ˜Act) against proforma respondent No.2 -Company and other Directors of the said Company including the petitioners on the allegations that Rs.5 lacs cheque dated 08.07.2002 was issued by the accused which on presentation was bounced. The notice was given to the accused, but despite notice the amount was not paid, hence, the complaint was filed. The learned Sub Divisional Judicial Magistrate issued process against the accused under Section 138 of the Act.

(3.) I have heard learned counsel for the parties and have also gone through the record. It has been submitted by learned counsel for the petitioners that Vikas Tourani was appointed as Additional Director of proforma respondent No.2 -Company on 28.03.2000 and such appointment remains valid till next annual general meeting of the Company under Section 260 of the Companies Act. It has been submitted that in the annual general meeting of the Company the initial appointment of petitioner No.1 as Additional Director of the Company was neither extended nor he was appointed as Additional Director or as Director of the proforma respondent No.2 -Company. It has also been submitted that petitioner No. 2 resigned as Director of proforma respondent No.2 -Company on 23.02.2001. The forms No. 32 showing initial appointment of petitioner No.1 as Additional Director and resignation of petitioner No.2 as Director of the Company have been placed on record.