Surya Kant, J. - (1.) The prayer in this petition is for quashing of complaint dated 22/5/2001 (Annexure P-1), under section 138 of the Negotiable Instruments Act, as well as the summoning order dated 21/7/2001 (Annexure P-2) passed by the Judicial Magistrate First Class, Ludhiana. Two-fold submissions have been made by Learned Counsel for the petitioner. Firstly, he relies upon an order dated 10/2/2005 passed by this Court whereby the complaint as well as the summoning orders against the petitioner's similarly situated co-accused were quashed by this Court.
(2.) Secondly, it is contended that the petitioner had already resigned as a Director of the Company and an intimation to this effect in Form No.32 was also sent to the Registrar, Companies vide Annexure P-4 in December, 1997. It is contended that since the cheque, which has been dishonoured, is dated 20/12/2000, i.e. much after the petitioner's resignation as Director of the Company, he cannot be held liable for the alleged offence. On the other hand, learned counsel for the respondentcomplainant relies upon a document (Annexure R-1), which is purported to have been signed for and on behalf of M/s Samsung Acrycot Limited somewhere in May 2000 and the petitioner is also one of the signatory to the said document. A perusal thereof suggests that the signatories admitted their liability and undertook to make certain payments as per the schedule given in para 1 and 2 of the said document. On this premise, it is contended that if the petitioner had resigned as Director of the company in the year 1996-97, he would not have been signatory to the document which acknowledges the liability of the company.
(3.) After hearing Learned Counsel for the parties, and having regard to the fact that the issue as to whether at the relevant time, the petitioner was Director of the Company or not, being a disputed question of fact, this petition is disposed of with liberty to the petitioner to raise all the pleas before the trial Magistrate who shall consider the same in accordance with law. Disposed of.;