HIGH COURT OF DELHI
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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
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
(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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