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2019 (4) TMI 791

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..... 4 - -
Indian Laws
MR. R.K. GAUBA J. Petitioner Through: Mr. Iggu Chittiappa, Advocate with Mr. Karthik K.R., Advocate Respondents Through: Mr. Amit Ahlawat, APP for the State Mr. Gaurav Mittal, Advocate for R-2. ORDER (ORAL) 1. These petitions arise out of six different criminal complaints (Nos. 2166/1/15, 2161/1/15, 2165/1/15, 2162/1/15, 2163/1/15 and 2164/1/15) instituted by the second .....

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..... the said company have also been similarly impleaded in the array of accused, the cases in all involving twenty-six cheques of the total value of Rs. 6 crores and 30 lacs, they, as per the complainant's case, having been issued and handed over for payment of consideration due on account of sale of rice grains. 2. The Metropolitan Magistrate, on the basis of preliminary inquiry, found sufficient g .....

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..... er of Income Tax, Central Circle-I, Faridabad for the assessment year 2014-2015, wherein his claim of being an NRI was accepted. He also refers to the minutes of the meeting of the board of directors of the company accused held on 01.02.2010 reflecting one Rajesh Arora to be the executive director of the company to whom the requisite responsibilities had been entrusted. 4. Per contra, the respond .....

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..... for the complainant placed before the court copies of the extracts of the minutes of the meeting of the board of directors of the company accused, held on various dates (beginning 31.07.2009), also covering the relevant period when the subject transactions were undertaken, as also the relevant reports submitted to the registrar of companies (ROC) from time to time, the same indicating that the pet .....

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..... ld be no occasion for him to participate in or being responsible for the day-to-day affairs of the company accused, particularly around the period to which the issuance of cheques, their dishonor and failure to pay pursuant to the demand notices relates. 7. The petitioner, at best, raises question of facts which cannot be effectively addressed or determined in the jurisdiction under Section 482 o .....

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