9911796707
TMI Blog2022 (9) TMI 670X X X X Extracts X X X X X X X X Extracts X X X X ..... on the following reasons: " 3. Petitioner is accused No. 3. Petitioner at the relevant point in time was a Director of accused No. 1-M/s. Wardwiz India Solutions Pvt. Ltd., ('Company' for short) incorporated under the Companies Act, 2013 and accused No. 2 is also the Director of the Company. The Company and the complainant entered into an agreement for providing of services with regard to installation of antivirus to which the petitioner is the signatory in the capacity of being a Director, at the time when an agreement was entered into between the parties. The said agreement which bears the signature of the petitioner as its Director was entered into on 17.08.2018. The petitioner after the agreement so entered submits his resign ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst the Ex-Director cannot be maintained. 6. On the other hand, learned counsel appearing for the respondent would vehemently refute these submissions to contend that the petitioner is the signatory to the agreement that was entered into between the complainant and the Company wherein he had represented the Company. The cheques are issued, albeit, by the other Director, but they are in furtherance of the agreement to which the petitioner was also a privy as he had signed the documents. The petitioner did not even reply to the notices that were sent when the cheques were dishonoured on account of 'stop payment' when they were presented and would submit that the resignation of the petitioner or otherwise is a matter of trial in wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Companies (Incorporation) Rules 2014 and 8, 15, 18 of the Companies (Appointment and Qualification of Directors) Rules, 2014. Therefore, Form Nos. DIR-11 and 12 are public documents. The said documents would indicate the date of filing of resignation with the Company to be 4.7.2019 and from that date, the petitioner ceased to be a Director of M/s. Wardwiz India Solutions Pvt. Ltd., 9. The admitted fact is, the cheques were issued in the month of December 2019 and January 2020 not by the petitioner but by accused No. 2, the other Director of the Company representing accused No. 1/Company of which accused No. 2 is the signatory to the instruments involved in the transaction. Therefore, it becomes an admitted fact that the petitioner was no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cumstance, can be looked into by the High Court in exercise of its jurisdiction under Section 482 or for that matter in exercise of revisional jurisdiction under Section 397 of the Code. It is fairly settled now that while exercising inherent jurisdiction under Section 482 or revisional jurisdiction under Section 397 of the Code in a case where complaint is sought to be quashed, it is not proper for the High Court to consider the defence of the accused or embark upon an enquiry in respect of merits of the accusations. However, in an appropriate case, if on the face of the documents -- which are beyond suspicion or doubt -- placed by the accused, the accusations against him cannot stand, it would be travesty of justice if the accused is rele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant was not the Director; he had nothing to do with the affairs of the Company. In this view of the matter, if the criminal complaints are allowed to proceed against the appellant, it would result in gross injustice to the appellant and tantamount to an abuse of process of the court." (Emphasis supplied) 11. In the teeth of the admitted facts, the submission of the learned counsel appearing for the respondent that the petitioner will have to come out clean in a trial, after him producing the documents with regard to resignation is unacceptable, as those documents without doubt are public documents, which would clearly demonstrate that the petitioner has resigned on 4.7.2019. Therefore, those documents being unimpeachable and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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