- (1.) This application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Complaint Case No. 1606 of 2015 (Shakuntala Devi Vs. M/s. Helios and Matheson Information Technology and others) under Sections 138 / 141 of the Negotiable Instrument Act, 1881 (In Short the 'Act'), Police Station Indrapuram, District Ghaziabad pending in the Court of Addl. Civil Judge (J.D.) / Judicial Magistrate, Court No.3, Ghaziabad. Further prayer has been made to stay the further proceedings of the aforesaid case.
(2.) Heard learned counsel for the applicant and learned A.G.A. for the State.
(3.) It was submitted by the learned counsel for the applicant that the complainant has not averred in the complaint about the responsibility / liability of the applicant for the conduct of the business of the company. He has not disclosed that applicant was also responsible for day-to-day affairs of the company or its business transactions. In this state of affair, complaint cannot go on against the applicant. Attention of the Court was drawn to the averments made in the complaint by the learned counsel, who further submitted that mere assertion that the applicant is the director of the company is not sufficient to make him liable under section section 138 /141 of the Act. In support of his contention, learned counsel for the applicant placed reliance on the decision of the Apex Court in the case of A.K. Singhania Versus Gujarat State Fertilizer Co. Ltd. & Anr.,2014 1 JIC 648.;