9911796707
TMI Blog2020 (9) TMI 898X X X X Extracts X X X X X X X X Extracts X X X X ..... that the said document, Form 32 has not been controverted by the learned counsel for the respondent No.2. Learned Counsel states that he has no document or any material to show that the petitioner, post his resignation, was in any way concerned with the said accused Company. The cheque dated 1st June, 2014, which was dishonoured, was issued by the accused Nos.1 and 2 Company, post the petitioner's resignation, forms the basis of the complaint. The petitioner has relied on the certified copy of Form 32, which shows the date of resignation as 22nd September, 2010, almost 4 years prior to issuance of the cheque in question - Also as noted above, the said document has not been controverted by the respondent No.2 nor any document is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t and non-executive) from the accused Company - Kanchan International Ltd and Kanchan International Limited on 22nd September, 2010, the petitioner has been arrayed as an accused on the basis of a dishonoured cheque dated 1st June, 2014. Learned Counsel relied on Form 32 in support of his submission to demonstrate that the petitioner had resigned from the said Company on 22nd September, 2010, much prior to the date of issuance of the subject cheque. He submits that summons were issued against the petitioner, only on the basis of the averments made by the Respondent no.2 in the complaint filed by him in the Court of the learned Metropolitan Magistrate, under Section 138 r/w 141 and 142 of the Negotiable Instruments Act, although the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of the said Company. Pursuant to the said complaint, the learned Magistrate vide order dated 16th October, 2014, issued process against all the accused, including the petitioner. 7. Being aggrieved by the said order issuing process dated 16th October, 2014, the petitioner has filed the aforesaid petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure and has sought quashing of the said complaint being C.C. No.82/SS/2016 qua the petitioner. The main ground on which quashing of the proceedings is sought by the petitioner is the uncontroverted document i.e. Form 32, which is at Exhibit - C of the petition. A perusal of Form 32 shows that the petitioner had resigned from the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho was bedridden at the relevant time or a Director who had resigned long before issuance of cheques. In such cases, if the High Court is convinced that prosecuting such a Director is merely an armtwisting tactics, the High Court may quash the proceedings. It bears repetition to state that to establish such case unimpeachable, uncontrovertible evidence which is beyond suspicion or doubt or some totally acceptable circumstances will have to be brought to the notice of the High Court. Such cases may be few and far between but the possibility of such a case being there cannot be ruled out. In the absence of such evidence or circumstances, complaint cannot be quashed; d) No restriction can be placed on the High Court s powers under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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