9911796707
TMI Blog2001 (11) TMI 1042X X X X Extracts X X X X X X X X Extracts X X X X ..... oprietary concern. The petitioner, who is accused No. 2 in all the cases is mentioned as Chairman of first accused company in all the petitions, viz.. M/s.Sree Aravindh Steels Limited. Accused Nos. 3 to 5 are all same in all the petitions and they are Managing Director, General Manager and Authorised Officer of the first accused company, respectively. The first accused company is a Steel Rolling Company which used to purchase Heavy Melting Scraps from the respondent/complainant for many years. The allegation is that the first accused company from 5.12.1999 till 17.1.2000 had purchased Heavy Melting Scraps under 28 invoices for a total value or ₹ 19.60,525.50. After deduction of Excise charges, the first accused owes the complainant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10.1999 and it was resolved to accept the resignation of the petitioner herein as Director of the Company and it was further resolved to authorise G.S.Venkataraman, Director of the Company, to file Form No.32 with the Registrar of Companies in this regard and accordingly, Form No.32 also was filed. The learned counsel for the petitioner placed before the Court certified copy of Form No.32 issued by the Registrar of Companies, true copies of the resignation letter, dated 4.10.1999 and the minutes of the proceedings of the meeting of Board of Directors of the first accused company held on 4.10.1999 and the 25th Annual Report of the Company for the year 1999-2000, in which, it is mentioned that the petitioner herein resigned as a Director of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore I hold that the resignaiion had taken effect from 4.12 1972 and consequently the petitioner has ceased to hold the office from the evening of 4.12.1972. With respect, I agree with the views expressed in the above decisions. The director, who is resigned, will be deemed to have resigned from the date of his resignation. In the present case, the petitioner has resigned as Director of ihe first accused company on 4.10.1999 and he was no longer in the Board of the Company after that date either as Director or Chairman. 6. The learned counsel for the petitioner further contended that the petitioner did not function as Director either on the date when the cheques in all the cases were issued or when the cause of action arose for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd another, 19% (3) Crimes 85(S.C.) the Court is within its powers to consider even materials which the accused may produce even before the commencement of trial for the purpose of deciding whether the accused could be discharged, when those documents are not in dispute. 7. In the present case, as noted above, the document Form No. 32 would reveal (hat the second petitioner was not the director who was in-charge of and responsible for the affairs of the company during the relevant period and as such, the proceedings as against the second petitioner are liable to be quashed and accordingly, quashed. S.Thangaraj, J in the decision in M.Chockalingan v. M/s. Sundaram Finance Service Ltd., 2000 (1) L.W.(Crl.) 16 and K.Natarajan. J in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and in those circumstances, the Bombay High Court -Panaji Bench held that the fact as to whether the petitioner was no longer an employee or Director of the Company has to be substantiated on record and this can be done only at the stage of trial and held that the petition under Section 482 of Cr.P.C. was premature. The above decision also does not apply to the facts of the present case. 8. I am in entire agreement with the views expressed by the Learned Judges of this Court in the decisions referred to by the learned counsel for the petitioner. Form No. 32 issued by the Registrar of Companies is a public document and coupled with the Annual Report published by the Company can be taken into consideration by this Court and it shows that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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