- (1.) Present petition has been filed by three Directors of the Navkar Buildestates Pvt. Ltd. (hereinafter referred to as the 'Company ') namely Anu Mehta, Kanhaiya Lal Mehta and Siddharth Mehta. It is averred in the petition that petitioner nos. 2 and 3 are continuing to be directors of the Company. Siddharth Mehta is resigned from the company. The averment made regarding petitioner no.3, Siddharth Mehta, is that he has resigned from the Company is seriously disputed by the counsel for the complainant.
(2.) The present revision petition has been filed under Section 482 Cr.P.C. The above said three petitioners have prayed that the Complaint Case no.24033 of 2 2011 pending before the Metropolitan Magistrate, 9th Court, Calcutta, against them for offence under Sections 138/141 of the Negotiable Instruments Act, be quashed. The Company had issued a cheque in favour of the complainant company opposite party no.1. The cheque had bounced and the same led the complainant company to institute the prosecution against the Company and its Directors by filing a complaint under Sections 138/141 of the N.I. Act.
(3.) The petitioners have been summoned to stand trial by the Court of Metropolitan Magistrate, 9th Court, Calcutta. In the present petition, accused petitioners have raised two questions for the consideration of this Court: i) Wether the Directors can be prosecuted on the bald assertion made in the complaint, that "the Directors thereof and were at the time when the offence committed in charge of and were responsible for the conduct and day to day business of the said accused No.1 company ". ii) Whether the Director who has resigned can be prosecuted after his resignation has been accepted by the Board of the Directors of the Company?;