PRASANTH Vs. MEENAKSHI SUNDARAM

JUDGEMENT

(1.) This Criminal Original Petition has been filed to call for the records in S.T.C.No. 466 of 2017 pending on the file of the learned Fast Track Court No. II, Judicial Magistrate Level, Madurai and to quash the same.

(2.) The petitioner is the second accused in the complaint that was lodged by the respondent for the offence punishable under Sections 138 r/w 142 of Negotiable Instruments Act.

(3.) The learned counsel for the petitioner states that the petitioner, who is the second accused in the complaint, is not the Director of the company, namely, "Sree Prashant Spinners Ltd" and he resigned from the company in 2013. It is further stated that he has produced Form 32 before this Court whereby it was confirmed that the petitioner was shown as the Director of the above said company is not associated with the company with effect from 06.08.2013. The learned counsel for the petitioner relies upon Section 142 of the Negotiable Instruments Act and submitted that unless the petitioner is shown as a person in-charge of the company or responsible to the company for the conduct of the business as well as the company, he cannot be liable for prosecution for an offence under Section 138 of Negotiable Instruments Act.