ASHWANI DEWAN Vs. STATE
LAWS(DLH)-2007-3-224
HIGH COURT OF DELHI
Decided on March 05,2007

Ashwani Dewan Appellant
VERSUS
STATE Respondents

JUDGEMENT

S.RAVINDRA BHAT, J. - (1.) THE petitioner invokes the inherent jurisdiction of this Court for quashing of a complaint alleging commission of offences under Section 138/141 of Negotiable Instruments Act, (hereinafter 'the Act').
(2.) THE complainant approached the Court alleging, inter alia, that M/s Shamken Multifab Ltd., in the course of its commercial transaction, had issued a post dated cheque; payable after 30.11.04. The cheque, when pre sented, was returned on the ground that he accounts stood closed. Notice under Section 138 was issued to the accused on 9.12.04. Thereafter, the complaint was preferred. The Magistrate issued a summoning order. The petitioner has espoused twofold grievances; one, that the complaint nowhere describes with specificity his role and merely has roped him in the proceedings as an accused party, on the assumption that he was a Director, and, therefore, in charge of the affairs of the company. The sec ond ground urged is that the petitioner had joined the company on 29.09.04 i.e. much before the cheque itself became due and that in any event he resigned on 18.11.04, Mr. Vijay Aggarwal, learned counsel has relied upon the certified copy of Form-32 issued by the Registrar of Companies, U.F, in that regard, to state that the petitioner had indeed resigned on the date mentioned.
(3.) LEARNED counsel for the respondent opposed the petition and submitted that the question as to whether the petitioner had resigned or not would be appropriately seen into in the criminal proceedings and cannot be pre-judged under Section 482. It was also urged that the complaint cannot be characterized as vague since admittedly, the petitioner was the Direc tor.;


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