RAJESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These instant miscellaneous petitions have been filed by the petitioner seeking quashing of the proceedings of the complaint complaints No. 409/1999, 64/2000 and 193/2000 pending in the Court of learned Judicial Magistrate (Jr. Div), Railmagra against the petitioner and others for the offences under Sec. 138 of the Negotiable Instrument Act.

(2.) The respondent No. 2 herein submitted a complaint against the petitioner, K.D. Sharma, Smt. Sudesh Sharma and Veerbhoomi Plantation (India) Ltd. for the offence under Sec. 138 of the N.I. Act. As per the allegations levelled in the complaint, the petitioner and the other co-accused were commercial directors and the company Veerbhoomi Plantation Ltd. allegedly issued a cheque of 7000.00 to the complainant towards her valid dues. The cheque on being presented for encashment was dishonoured on which the complaint was filed by the complainant in the Court concerned. The learned trial Judge proceeded on the complaint and took cognizance and summoned the petitioner to face the trial by the order dated 7.12.1999. The petitioner has now approached this Court by way of instant miscellaneous petition seeking quashing of the proceedings of complaint.

(3.) Learned counsel for the petitioner contended that the cheque in question was issued by Shri K.D. Sharma, Director of the Company Veerbhoomi Plantation Ltd. in favour of the complainant on 7.6.1999. He has filed on record a copy of the certificate issued by the Registrar of Companies and claims that the petitioner retired as a director from the aforesaid company on 10.4.1998 and thus his ties with the company were severed on that day and thereafter he has wrongly been summoned to face trial in this case. Learned counsel urged that as the petitioner ceased to be director of the company w.e.f. 10.4.1998, he cannot be held responsible for the cheque dated 7.6.1999 which was admittedly issued by the director K.D. Sharma under his signatures alone.