SAROJ KUMAR PODDAR Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) Leave granted.

(2.) Appellant herein was a Director of a public limited company, incorporated and registered under the Companies Act, 1956, known as VHEL Industries Limited (hereinafter referred to as "the Company"). The Company issued three cheques bearing Nos. 138015, 138016 and 138017 for a sum of Rs. 2, 50, 000/-, Rs. 2, 50, 000/- and Rs. 3, 03, 952.60, respectively in favour of Elkay International Private Limited, Respondent No. 2 herein.

(3.) The complainant Respondent No. 2 is manufacturer and supplier of chemical compounds of different kinds. It supplied its product to the Company. Allegedly, a sum of Rs. 13, 36, 923/- was due and payable to the complainant by the Company. The Company issued three cheques, as noticed hereinbefore, in favour of the complainant. The said cheques were deposited in a bank but were dishonoured. A complaint petition came to be filed by the complainant in the Court of Chief Metropolitan Magistrate, Delhi against the appellant as also the said Company. The Managing Director of the said Company as also the other Directors were also arrayed as accused therein. It was alleged that Shri K.K. Pilania Accused No. 3 and Shri N.K. Munjal Accused No. 8 signed the said cheques for and on behalf of the Company.