V.M.JAIN,J - (1.) THIS order shall dispose of 24 petitions bearing Criminal Misc. No. 13019-M of 2000, 13022-M of 2000, 13025-M of 2000, 13028-M of 2000, 13031-M of 2000, 13034-M of 2000, 13037M of 2000, 13040-M of 2000, 13043-M of 2000, 10346-M of 2000, 21861-M of 2000, 21864-M of 2000, 21867-M of 2000, 21870-M of 2000, 21873-M of 2000, 21876-M of 2000, 21879-M of 2000, 21882-M of 2000, 21885-M of 2000, 21888-M of 2000, 21891-M of 2000, 21891-M of 2000, 21897M of 2001) and 21900-M of 2000, under Section 482 Cr.P.C. filed by the accused-petitioners, seeking the quashment of the various criminal complaints (twelve in number), summoning orders passed by the Judicial Magistrate, summoning the petitioners as accused in those criminal complaints, for the offences under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act) and all subsequent proceedings taken thereon.
(2.) SINCE common questions of law and facts are involved in these petitions, all these cases are being disposed of by a single order. For the purpose of convenience, the facts of the case bearing Criminal Misc. No. 13019-M of 2000 are being referred. Complainant M/s Tata Iron and Steel Company Ltd. filed a criminal complaint, copy Annexure P-1 against the accused, including the accused- petitioner under Section 138 read with Section 141 of the Act. The learned Magistrate, after recording preliminary evidence, ordered the summoning of the accused under Section 138 of the Act, vide order dated 7.3.1998, copy Annexure P-2. Aggrieved against the same, the petitioner filed the petition under Section 482 Cr.P.C. in this Court, seeking the quashment of the criminal complaint, summoning order and all subsequent proceedings taken thereon.
(3.) THE learned counsel for the accused-petitioners submitted before me that accused-petitioner S.K. Sood (petitioner in 12 of the petitions) and accused- petitioner Avtar Singh Gill (petitioner in remaining 12 petitions) were mere Directors of the Company M/s Atma Tube Products Limited and that they had resigned from the directorship of the company much prior to the date of commission of the offence. It was submitted that in any case accused- petitioners S.K. Sood and Avtar Singh Gill had nothing do with the running of the said company and were neither incharge of the said company nor responsible to the company for the conduct of the business of the company and as such they have been wrongly impleaded as accused in these complaints and have been wrongly summoned as accused in these complaints by the learned Magistrate.;