PREETI Vs. STATE

JUDGEMENT

(1.) By way of the present petition filed under Sec. 482 of the Criminal Procedure Code, 1973, the petitioner seeks quashing of the summoning order dtd. 28/11/2018 passed by then Metropolitan Magistrate-04, Patiala House Courts, Delhi and the Criminal Complaint no. 16201/2017 titled as "M/s PEC Ltd. v. M/s KS Oil Ltd. and Ors." and all its consequent proceeding pending in the court of MM-04 (NI Act), or any successor court at Patiala House Courts,New Delhi.

(2.) Briefly stated, facts of the case, leading to the fling of present petition, are as under:

(3.) Learned counsel for the petitioner submits that grave miscarriage of justice has been caused by summoning the present petitioner in the complaint case filed by respondent no. 2. It is the case of the petitioner that she was an Independent/Non-Executive Director in the accused company at the time of commission of offence, the fact which is authenticated by the records of Registrar of Companies, and had no role in the transactions or business of the company or in any day to day affairs of the company. Further, petitioner is neither a signatory to any of cheque in dispute, nor were the cheques issued under her knowledge. It is argued by the learned counsel on behalf of the petitioner that the allegations against the petitioner are general and vague and that respondent no. 2 in its complaint has not made any specific allegations against the petitioner to show as to how the petitioner had knowledge or was involved in the transaction alleged in the complaint. Mere statement that the petitioner being a director was incharge and responsible for the day to day affairs of the company cannot make her liable to face the trial. Reliance in this regard is placed on the following judgments: (i) Har Sarup Bhasin v. M/s Origo Commodities India Pvt Ltd 2020 SCC OnLine Del 11, (ii) Anoop Jhalani v. The State and Anr. 2007 SCC OnLine Del 1293, (iii) MCD v. Ram Kishan Rohatgi AIR 1983 SC 67, (iv) Gunmala Sales Private Limited v. Anu Mehta and Ors (2015) 1 SCC 103 (v) National Small Industries Corporation Limited v. Harmeet Singh Painwal (2010) 3 SCC 330, (vi) Sunita Palita v. Panchami Stone Quarry 2022 SCC OnLine SC 945, and (vii) Sudeep jain v. ECE Industries 2013 SCC OnLine Del 1804.