- (1.) These petitions have been filed by petitioners Narinder Kumar Suri and others against M/s Narender Polymers Pvt. Ltd. respondent under Section 482 Cr.P.C. for quashing of complaint No.2939 (in CRM No.M-2886 of 2013), complaint No. 2950 (in CRM No.M-2887 of 2013) and complaint No.2949 (in CRM No.M-2888 of 2013) dated 21.10.2012 and for quashing of order dated 14.12.2012 (in CRM No.M-2886 of 2013) and orders dated 03.12.2012 (in CRM No.M-2887 and 2888 of 2013) summoning the petitioners for the commission of offence under Section 138 of the Negotiable Instruments Act, 1881.
(2.) Notice of motion in all the petitions was issued and learned counsel for respondent appeared and contested the petitions. At the time of arguments, learned counsel for the petitioners argued only on one point that the petitioners, who were the Directors of M/s Toshiba Industries Ltd. (for brevity 'the Company') have already resigned on 10.10.2011 and their resignation was accepted by the Board of Directors on 18.11.2011 whereas the cheques in these cases are of dated 21.06.2012 i.e. after the resignations of the petitioners were accepted. He argued that as the present petitioners were not Directors of the Company at the time of issuance of cheques, therefore, no complaint lies against them under Section 138 of the Negotiable Instruments Act, 1881.
(3.) On the other hand, learned counsel for the respondent argued that Form No.32 has been uploaded on 30.07.2012 and the legal notice has already been issued before this date to the present petitioners and the Company. He further argued that in From No.32, the Company Secretary has mentioned the date as 10.10.2011 regarding acceptance of the resignation in the meeting but no such meeting was held. He next argued that the record has been fabricated and this fact is to be decided during the trial and therefore, there is no merit or ground for quashing of the complaints. I have heard learned counsel for the parties and have gone through the record.;