DEVENDER KUMAR AGGARWAL Vs. STATE J&K AND ANR

JUDGEMENT

(1.) The petitioner-Devender Kumar Aggarwal seeks quashing of proceedings in respondent-JSB Aluminium's Complaint under Section 138 of the Negotiable Instrument Act, 1881 against him as Director AR Industries Private Limited for non-payment of Rs. 7,61,603/-, Rs. 5,26,056/-, Rs.6,28,619/- and Rs. 4, 48, 037/- covered by the dishonoured Cheques drawn on the State Bank of India SIB Faridabad Haryana which the Company had issued in favour of the Complainant to discharge its existing liability.

(2.) Learned counsel for the petitioner submitted that the process issued against the petitioner as one of the Directors of AR Industries Private Limited was an abuse of the process of Court, in that, he was not the Director of the Company when the Cheques in question were issued and, as such, could not be proceeded against on alleged plea of his vicarious liability and that in the absence of requisite detailed statement in the Complaint that he was responsible for the business and conduct of day to day affairs of the Company, no prima facie case could be said to have been made out against him justifying issuance of process on the complaint.

(3.) Reliance is placed on National Small Industries Corporation Limited Corporation Ltd. v. Harmeet Singh Panital and anr., 2010 3 SCC 330.