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TMI Blog2015 (12) TMI 1293X X X X Extracts X X X X X X X X Extracts X X X X ..... f the complaint and summoning order at this stage when the evidence of complainant has already been concluded. When the entire evidence before the trial Court is complete, it is not appropriate to record finding on the contention of petitioner that he was not the Director of the company at the time of issuance of cheque or was not responsible to the company for the conduct of its business. All these facts will be evaluated by the trial Court on the basis of evidence on record. The petitioner has not come up with any explanation as to what prevented him from filing the revision against the order dated 06.10.2012 vide which he was summoned to face the trial and against the order vide which he was served with notice of accusation. He prefer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of said MOU, the complainant firm paid a sum of ₹ 21 lacs as interest free refundable security to the accused, which was to be refunded at the time of transfer of total land by the complainant firm to the accused persons. The accused persons gave a counter guarantee cheque bearing No.622140 drawn at Oriental Bank of Commerce, Dharuhera Road, Rewari to the complainant company. The said cheque was to be presented by the complainant firm without notice to the accused persons in case of any delay or default on their part. They also issued a post dated cheque bearing No.622141 dated 24.03.2012 for ₹ 2 crores drawn on Oriental Bank of Commerce, Dharuhera Road, Rewari as advance payment for procurement of the land as per terms of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his position; (vi) The dispute pertains to the MOU dated 19.01.2012 to which petitioner is neither a signatory nor a party. Referring to the resignation letter (Annexure P-2), learned counsel for the petitioner has argued that petitioner had resigned as Director of M/s Poonam Super Multi-Specialty Hospital Private Limited on 29.03.2011 and on the same day, his resignation was accepted vide letter (Annexure P-3). Admittedly, no information was given about this resignation to the Registrar of Companies. Learned counsel for respondent No.1-complainant submits that on the website of Registrar of Companies, the petitioner continues to be the Director of respondent No.2 firm, as such, the documents (Annexure P-2 and P-3) are just pap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Saumil Dalip Mehta Vs. State of Maharashtra and others 2002 AIR (Bombay) 194 and has argued that after the resignation by the petitioner, it was the duty of the Companies Secretary and not of the individual Director to send due intimation and information to the Registrar of Companies. In the aforesaid case, the petitioner had raised the plea that he had resigned from the post of Director of M/s Arihant Agro Products Limited. The company accepted the resignation and a note to that effect was published and printed in the balance sheet, presented for the annual general meeting of the company. His resignation was also mentioned in the Director s report. It was on the basis of said documentary evidence that the Bombay High Court quashed the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . He preferred this petition at a very belated stage when the evidence had already been concluded by the complainant. Keeping all the above facts and circumstances in view, this petition has no merits and is dismissed. It is, however, made clear that nothing contained in this order shall have any bearing on the merits of the complaint or shall be taken as expression of opinion of this Court on any issue to be dealt with and decided by the trial Court. Keeping in view the fact that the complaint is pending for the last about three years, the trial Court is directed to expedite the disposal of the complaint, preferably within six months on receipt of copy of this order. Copy of this order be conveyed to the trial Court for compliance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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