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Issues involved:
The issues involved in this case are the discharge of accused No.5 in a complaint alleging offenses under Sections 138/142 of the Negotiable Instruments Act, based on the contention of resignation and lack of specified involvement. Details of the Judgment: 1. The petitioner filed a complaint alleging that accused No.5, along with others, committed offenses under Sections 138/142 of the Negotiable Instruments Act. The complaint stated that post-dated cheques were issued for hire/lease rentals, one of which was dishonored due to insufficient funds, leading to the complaint proceedings. 2. Accused No.5 contended that he had resigned from the company before the incident, supported by certified documents filed with the Registrar of Companies. The court discharged the accused, noting the lack of evidence to prove the accused's directorship. 3. The petitioner argued that the accused was the signatory of the dishonored cheque and that the dishonor was due to insufficient funds. However, the court found no substantiation of these claims in the complaint or evidence presented, upholding the trial court's decision. 4. The court also highlighted the necessity of specifying the accused's involvement, citing a Supreme Court judgment. It stated that if the petitioner can establish the accused's involvement in the future, the trial court can invoke its powers under Section 319 Cr.P.C. accordingly. 5. Ultimately, the petition was dismissed with no costs, as the court found no grounds to interfere with the impugned order. The possibility of revisiting the case based on new evidence was left open for the trial court to consider.
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