- (1.) A criminal proceeding relating to the offences punishable under Section 138/141 of the N.I. Act is sought to be quashed on the ground that the petitioner who has been implicated in the case as one of the director of the accused company has resigned long back from the post of directorship and at the time the cheque in question was issued, was in no way related to the said company. In this regard a report was called for from the Registrar of Companies, West Bengal. Now going through the said report it appears the Form 32 was filed in the MCA Portal and same was approved and taken on record on 19th of April, 2011, whereas the cheque in question was issued on April 26, 2011, and same was dishonoured on May 11, 2011, i.e., after the petitioner left the company.
(2.) HAVING regard to above and in the light of the ratio of the decision of the Apex Court in the case of Anita Malhotra Vs. Apprall Export Promotion Council reported in 2012 (1) SCC 520, this criminal revision is allowed and the impugned proceeding as against the petitioner stands quashed. Criminal Section is directed to deliver urgent xerox certified copy of this order to the parties, if applied for, as early as possible.;