GULZARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. petition under Sec. 482 of the Cr.P.C. has been preferred by the petitioner being aggrieved by the order dtd. 24/1/2014 passed by the Mahanagar Magistrate (NI Act No. 9, Jodhpur) in Criminal Complaint No. 331/2024 present No. 8144/2015 and the criminal complaint qua the petitioner filed by the respondent No.2 before the Court of Special Judicial Magistrate NI Act Cases No.9 presently pending before Mahanagar Magistrate No.1, Jodhpur City under Sec. 138 of NI Act,1881.

(2.) Briefly stating the facts of the case are that the petitioner, an erstwhile Director of Peppermint Hospitality India Pvt. Ltd., has approached this Court aggrieved by the order dtd. 24/1/2014 passed by the Learned Magistrate, whereby cognizance was taken under Sec. 138 of the NI Act and summons were issued against him. The petitioner had resigned from the company on 16/11/2021, as evidenced by Form DIR-12 filed with the Registrar of Companies. The complaint submitted by the respondent-complainant alleges that the company executed a lease deed dtd. 21/7/2010 for certain premises and issued Cheque No. 676527 dtd. 1/6/2013 for Rs.87,50,738.00 towards alleged outstanding lease rent, which was dishonoured due to insufficiency of funds in the account of company.

(3.) Heard learned counsels for the parties and learned Public Prosecutor as well as perused the material available on record.