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o/o HIGH COURT OF DELHI
CRL.M.C. 1950/2010 & Crl. M.A. 7517/2010(Stay)
S.KISHORE
Through
CRL.M.C. 1950/2010 & Crl. M.A. 7517/2010(Stay)
S.KISHORE
Through
VERSUS
..... Petitioner Mr. Mohit Mathur, MR. Mridul Chakravarth & Mr. Amitabh Narendra, Advocates
DCMFINANCIAL SERVICES LTD. & ANR. ..... Respondent
DCMFINANCIAL SERVICES LTD. & ANR. ..... Respondent
CORAM:
Through Mr. Sachin Chopra & Mr. Amit Kumar, Advocates.
Mr. Manoj Ohri, APP for the State.
HON'BLE MS. JUSTICE MUKTA GUPTA
23.08.2011 By this petition, the Petitioner seeks quashing of the complaint filed before the learned Metropolitan Magistrate with regard to dishonor of cheque bearing No. 145900 dated 1ih September, 2000 on the ground that the Petitioner had resigned from the Company on 26th November, 1996 which fact is also reflected in the Form No. 32 filed before the Registrar of
Companies and the annual return of the Company for the financial year
1996-1997.
On a notice being issued to the Respondents, they entered appearance and stated that they do not want to file any reply and had sought time to argue the matter. Subsequently again further time was sought for arguments.
2011:DHC:10638 However arguments are not being addressed. It is thus apparent that there is no evidence with the Respondents to traverse the fact that the Petitioner was not the Director and in-charge and responsible for the day to day affairs and business ofthe Company when the alleged offence was committed.
In view ofthe fact that there is evidence on record to show that neither on the date of cheque nor on the date when it was returned with the memo
"exceeds arrangement" the Petitioner was the Director of the accused company, the proceedings qua him are liable to be quashed.
Consequently, the proceedings qua the Petitioner in Complaint Case
No. 28370/1/2000 pending in the Court of Shri Navjeet Budhiraja, learned
Metropolitan Magistrate, Dwarka Court are hereby qua~hed.
Petition and the pending application are disposed of.
Order Dasti.
AUGUST 23, 2011 'dk' ~~ MUKTA GUPTA,J 2011:DHC:10638
Mr. Manoj Ohri, APP for the State.
HON'BLE MS. JUSTICE MUKTA GUPTA
23.08.2011 By this petition, the Petitioner seeks quashing of the complaint filed before the learned Metropolitan Magistrate with regard to dishonor of cheque bearing No. 145900 dated 1ih September, 2000 on the ground that the Petitioner had resigned from the Company on 26th November, 1996 which fact is also reflected in the Form No. 32 filed before the Registrar of
Companies and the annual return of the Company for the financial year
1996-1997.
On a notice being issued to the Respondents, they entered appearance and stated that they do not want to file any reply and had sought time to argue the matter. Subsequently again further time was sought for arguments.
2011:DHC:10638 However arguments are not being addressed. It is thus apparent that there is no evidence with the Respondents to traverse the fact that the Petitioner was not the Director and in-charge and responsible for the day to day affairs and business ofthe Company when the alleged offence was committed.
In view ofthe fact that there is evidence on record to show that neither on the date of cheque nor on the date when it was returned with the memo
"exceeds arrangement" the Petitioner was the Director of the accused company, the proceedings qua him are liable to be quashed.
Consequently, the proceedings qua the Petitioner in Complaint Case
No. 28370/1/2000 pending in the Court of Shri Navjeet Budhiraja, learned
Metropolitan Magistrate, Dwarka Court are hereby qua~hed.
Petition and the pending application are disposed of.
Order Dasti.
AUGUST 23, 2011 'dk' ~~ MUKTA GUPTA,J 2011:DHC:10638
JUDGMENT