Pooja Ghai v. M/s Preview Fashions & Anr.

Present: Mr.Alok Jagga, Advocate, for the petitioner. Mr.Sandeep K.Sharma, Advocate, for respondent No.1. **** SABINA, J. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal complaint No.320/2 dated 9.8.2010 (Annexure P-4) under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (the Act for short) ; summoning order dated 9.8.2010 (Annexure P-8) and all the subsequent proceedings arising therefrom. 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 Additional Director Crl. Misc. No.M- 24228 of 2011 (O&M) 2 of the 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 respondent No.2 is concerned, it is 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 respondent No.2 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 Additional 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