PRIYANKA OJHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant petition has been filed for quashing the entire criminal proceeding in connection with Complaint Case No.8521 of 2020 whereby and whereunder the cognizance has been taken under Sec. 138 of Negotiable Instrument Act.

(2.) This petition has been preferred on behalf of petitioner No.1- Priyanka Ojha, who is arrayed as accused No.8 and petitioner No.2 (accused No.9). The main plea for quashing the cognizance proceeds on the ground that as per the averments made in the complaint, this petitioner was not Director of the Company as stated in para 2 and 3 of the complaint petition. She had resigned from the Directorship of the Company in September, 2019 and she did not hold any post. The cheque was issued on 28/10/2020 and petitioner No.1 had already resigned on 17/9/2019 as per averment made in complaint petition. Only allegation against her, is that it was on the basis of her direction that the payments were made.

(3.) It is submitted that she has been roped into this case as she happens to be the wife of petitioner/accused No.9, who was Chief Executive Officer of the Company. She not holding any post in the said Company, it will gross abuse of process of Court to array her as accused in the facts and circumstances of the case.