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Issues involved:
Petition filed u/s 482 Cr. P.C. seeking quashing of Criminal Complaint No. 650/NA/2012 u/s 138 read with 141 of Negotiable Instruments Act, 1881 and setting aside the summoning order dated 2nd July, 2012. Details of the judgment: Issue 1: Compliance with Section 202 Cr. P.C. - Petitioners argued that the trial court did not comply with the mandatory requirement of Section 202 Cr. P.C. - Cited judgment of K.T. Joseph vs. State of Kerala and Anr., (2009) 15 SCC 199 emphasizing the mandatory nature of the enquiry under Section 202 post the 2006 amendment. - Court noted that the Magistrate had conducted an enquiry prior to issuance of summons as per Section 202 Cr. P.C. - Held that the summoning order was valid as the Magistrate had perused all documents, heard arguments, and led evidence before issuing summons. Issue 2: Allegations against the petitioners - Complaint alleged that accused directors were responsible for day-to-day business and financial decision making of the company. - Supreme Court precedent in K.K. Ahuja case stated that such allegations may be sufficient for issuing summons to directors. - Court opined that the averments in the complaint were adequate for summoning the petitioners, allowing them to present evidence to prove their non-involvement in the company's management. Conclusion: - Court found no merit in the petitions and upheld the summoning order. - Granted exemption from personal appearance to a petitioner due to age and retired status. - Disposed of the petitions and pending applications accordingly.
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