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Crl.M.C.No.4681 Of 2016 relied on by the Court in a criminal proceedings under Sec.482 of the Cr.P.C inasmuch as the ROC is a statutory functionary, who functions as per the provisions of the Companies Act, enacted by the Parliament.

In Anx.A-6 complaint it is stated that dishonour memo dated 15.02.2016 has been issued by the bank. It is an unimpeachable material of sterling quality furnished by R-4 (ROC) that the petitioner has ceased to be a Director of the company from 11.7.2015. Therefore, as the dishonour of the cheque is in February, 2016, the petitioner then was no longer the Director of the company at the time of the commission of the alleged offence under Sec.138 of the N.I.Act.