Karnataka High Court
Sri Dinesh Mohindra S/O J C Mohindra vs Dcm Financial Services Limited on 26 March, 2008
Author: K.Bhakthavatsala
Bench: K.Bhakthavatsala
Cxl.P No.4387/2006
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26™ DAY OF MARCH 2008 ws We
BEFORE
THE HOW'BLE DR. JUSTICE it. BHAKTHAVATBALA
CRIMINAL PETITION NO.4287/2006
BETWEEN:
Sri Dinesh Mohindra,
S/o JC Mohindra,
Major, ey
Residing at No.63/A, °°.
Rajguru Negar, ~ .
Ludhiana...
(By Sri P M Vasudev & Co., Acv., for petitiones)
"1, DC M Financial Services Limited,
Nu. 122, Margosa Road,
Bangalore-560 002,
| 2. M/s, Sai-Moh Auto links Limited,
Reg. Office: |
_.. No. 133, Rajdhani Enclave,
.. Shakarpur,
.. Rew Delhi-110 012.
{By Sri MV Kini & Co., Adv., for respondents)
Petitioner
Respondents
This Criminal Petition is filed under Section 482 of the Code of
Criminal Procedure, praying to quash the proceedings against the
CrP No.4387/2006
petitioner in CC No.30188/2001 pending on. the ile of XI. Addl
CMM, Bangalor, = = ... .
This Petition coming on for hearing thi dap a eid mis
the following: . 6, as, :
ORDER
The petitioner/accuzed No. 2m CC Ne. 30188/2001 on the file of x Addi. Chief Metropolitan Magistrate: at Bangalore, for the offence punishable under Section 138 of the Negotiable Instruments Act, is before this © Court praying for r quashing the proceedings.
2. . learned = fox the petitioner submits that no doubt the petitioner was & Director of the Company viz., M/s. Sai-Moh Auto Links. 'Ltd., but the peiitioner resigned on 25, 12,1997 and in that "regard issued form No.32 extract as per Annexure-H and therefore the petitioner is ; nothing to do with the payment of the cheques in 3 _ question, issued by the Managing Director/Chairman dated 1.5. 1999, 7 16, i999, 1.7.1999 and 1.8. 1999 and therefore prays for quashing oe . the proceedings,
3. Admittedly, the cheques in question were issued in the year 1999 by the Managing Director/Chairman of M/s. Sai-Moh Auto Cul. No.4387/2006 Links Ltd. The petitioner has not signed the cheques. | Farther, there is no material placed on record to deny. that the petitioner resigned from the Directorship on 25.12, 1997, Thus, the petitioner Wes not responsible for payment of the cheques n 'question, Under such circumstances, the trial Court should have rejected the complaint, in so far as the petitioner/ a accused No. 23 18 concemed.
4. In view of. the abwve, the Petition is allowed and the proceedings i in c € No. 90388/2001 on the file of XIII Addl. Chief Metropolitan Magisirate at Bangalore, for the offence punishable under Section 138 of the. Negotiable Instruments Act, is | quashed as
-- against the present petitioner.