Punjab-Haryana High Court
Pooja Ghai vs The Icci Bank Ltd. And Others on 15 November, 2013
Author: Sabina
Bench: Sabina
Crl.Misc.No.M- 24966 of 2013 (O&M) 1
In the High Court of Punjab and Haryana at Chandigarh
Crl.Misc.No.M- 24966 of 2013 (O&M)
Date of decision: 15.11.2013
Pooja Ghai ......Petitioner
Versus
The ICCI Bank Ltd. and others .......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr.Aalok Jagga, Advocate,
for the petitioner.
Mr.Sandeep Suri, Advocate,
for respondent No.1.
****
SABINA, J.
This petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.506 dated 5.1.2012 (Annexure P-5) under Section 138 of the Negotiable Instruments Act, 1881 (the Act for short) and all the subsequent proceedings arising therefrom including summoning order dated 5.1.2012 (Annexure P-7) .
Learned counsel for the petitioner has submitted that the petitioner had neither signed the cheque nor was the director of the company at the time of issuance of the cheque in question. Petitioner had resigned from the company on 30.11.2009 and in her place Balwant Rai Bhalla had been appointed as Director of the Devi Anita 2013.11.18 17:07 I am approving this document Chandigarh Crl.Misc.No.M- 24966 of 2013 (O&M) 2 company. Hence, the complaint in question qua the petitioner was liable to be quashed.
Learned counsel for respondent No.1, on the other hand, has opposed the petition and has submitted that the petitioner was also liable to face the trial along with her other co-accused.
So far as respondents No.2 to 4 are concerned, they are the co-accused of the petitioner.
After hearing learned counsel for the parties, I am of the opinion that the present petition deserves to be allowed.
Complainant has filed the complaint in question against the petitioner and respondents No.2 to 4 qua dishonour of cheque in question. Admittedly, the cheque in question is not signed by the petitioner but is signed by Vijay Kumar. A perusal of the copy of the form No.32 placed on record reveals that the petitioner had ceased to be director of the company on account of submission of her resignation w.e.f. 30.11.2009. Balwant Rai Bhalla was appointed as Director of the company w.e.f. 30.11.2009. Petitioner had submitted her resignation on 21.11.2009 from directorship requesting therein that she would be unable to continue as a director of the company w.e.f. 1.12.2009 due to certain inevitable reasons and requested that her resignation from directorship be accepted. The resolution was passed by the Board of the company on 30.11.2009 and the resignation submitted by the petitioner from directorship of the company was accepted w.e.f. 30.11.2009. Number of cheques had been issued by the company in favour of the complainant from Devi Anita 8.12.2009 onwards. Since the said cheques were dishonoured, 2013.11.18 17:07 I am approving this document Chandigarh Crl.Misc.No.M- 24966 of 2013 (O&M) 3 various complaints have been filed by the complainant against the company and its directors.
Since the petitioner has neither signed the cheque in question nor was the director of the company at the time of issuance of the cheque in question, continuation of criminal proceedings with regard to dishonour of the cheque in question against her would be nothing but an abuse of process of law.
Accordingly, this petition is allowed. Criminal complaint No.Criminal complaint No.506 dated 5.1.2012 (Annexure P-5) under Section 138 of the Act read with Section 420 IPC; summoning order dated 5.1.2012 (Annexure P-7) ) and all the subsequent proceedings arising therefrom, are quashed qua the petitioner.
(SABINA) JUDGE November 15, 20132 anita Devi Anita 2013.11.18 17:07 I am approving this document Chandigarh