Ritu Bahri, J. - (1.) THIS order shall dispose of the above four petitions wherein prayer is for quashing of Criminal Complaint No. 20686 of 2013 dated 09.07.2013 and Criminal Complaint No. 20677 of 2013 dated 09.07.2013 and summoning order dated 09.07.2013 passed by learned Judicial Magistrate 1st Class, Ludhiana. In CRM -M -38057 and 38206 of 2013, brief facts of the petition are that the petitioner along with Rajesh Jain and Naveen Kumar Aggarwal were appointed as Director (s) of Company -M/s. Miraaya Apparel and Trading Pvt. Ltd. However, on 16.02.2013, the petitioner -Smriti Thing -baijam tendered resignation from the Board of Directors of the above said Company. The petitioner was residing at Mumbai, Maharashtra with her family and children. Thereafter, a resolution was passed on 18.02.2013 (P -3) accepting and acknowledging the resignation made by the petitioner. After accepting the resignation of the petitioner, the relationship of petitioner with respondent No. 2 -company stood severed and terminated from that date. Thereafter, the petitioner did not even attend/or participate in any further Board meeting of the company. Petitioner stood absolved from her functions/responsibilities as a Director with immediate effect. The respondent No. 2 -company was required to follow up all consequential actions towards intimating all including the Registrar of Companies -about the petitioner's resignation.
(2.) IN CRM -M -36249 and 36401 of 2013, petitioner Naveen Kumar Aggarwal became an additional director of M/s. Miraaya Apparel and Trading Pvt. Ltd. on 14.05.2012. Thereafter, he resigned from the Board of Directors on 21.02.2013 and is full time employee of Bank of America since 11.12.2006. The said change was communicated to the Registrar of Companies in June, 2013. A photocopy of Form 3 2 is Annexure P -7 colly. As per complaint No. 20686 of 2013, an amount of Rs. 46,31,605/ - was due and payable by M/s. Miraaya Apparel and Trading Pvt. Ltd. in favour of M/s. Dove Creations Pvt. Ltd., as a cheque bearing No. 000381 dated 27.05.2013 for Rs. 46,31,605/ - was tendered by Rajesh Jain (one of the Director) on behalf of M/s. Miraaya Apparel in favour of M/s. Dove Creations Pvt. Ltd., which on presentation was dishonoured and was returned with remarks "Exceeds arrangement" by Bank memo dated 28.05.2013. In this background, the above said complaint under Section 138 of Negotiable Instruments Act had been registered by M/s. Dove Creations Pvt. Ltd. on 09.07.2013 (P -4).
(3.) IN Complaint No. 20676 of 2013, an amount of Rs. 19,88,688/ - was due and payable by M/s. Miraaya Apparel and Trading Pvt. Ltd. in favour of M/s. Almighty Creations Pvt. Ltd., as a cheque bearing No. 000380 dated 27.05.2013 for Rs. 19,88,688/ - was tendered by Rajesh Jain (one of the Director) on behalf of M/s. Miraaya Apparel in favour of M/s. Almighty Creations Pvt. Ltd., which on presentation was dishonoured and was returned with remarks "Exceeds arrangement" by Bank memo dated 28.05.2013. In this background, the above said complaint under Section 138 of Negotiable Instruments Act had been registered by M/s. Almighty Creations Pvt. Ltd. on 09.07.2013 (P -4).;