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TMI Blog2023 (4) TMI 1009X X X X Extracts X X X X X X X X Extracts X X X X ..... l question of facts and law are involved in the above mentioned criminal revisions this Court is disposing of the said criminal revisions by a composite judgment. 2. In CRR 2639 of 2022 the petitioners have prayed for quashing of a complaint registered as CS Case No. 422499 of 2014 pending before the learned Metropolitan Magistrate, 14th Court at Calcutta under Section 138 read with Section 141 of the Negotiable Instruments Act. 3. It is alleged by the petitioners that they retired from the post of Directors of Diamond Shipping Company Ltd by submitting their resignations before the Ministry of Corporate Affairs on 10th June, 2014. On 21st June, 2014 the said three cheques were drawn on behalf of Diamond Shipping Company Ltd in favour of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 82 or the 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 relegated to trial and he is asked to prove his defence before the trial court. In such a matter, for promotion of justice or to prevent injustice or abuse of process, the High Court may look into the materials which have significant bearing on the matter at prima facie st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e within the meaning of Section 138 of the Negotiable Instruments Act in support of his contention he refers to a decision of Delhi High Court in Vijay Chaudhary vs. Gyan Chand Jain reported in 151 (2008) Delhi Law Times 237. 7. The learned Advocate for the petitioners also refers to the decision of this Court in Saroj Kumar Jhunjhunwala vs. The State of West Bengal & Anr. reported in (2007) 1 C Cr. LR (Cal) 793, wherein a Coordinate Bench of this Court held that a director who resigned from the post of Directorship prior to the issuance of cheque by the company, is not responsible for the dishonourment of the cheques in question and the proceeding against such director being not maintainable is liable to be quashed. 8. Learned Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Advocate for the opposite party refers to a decision of Madras High Court in the case of Counter Point Advt. P. Ltd vs. Harita Finance Ltd. reported in 2006 (2) Crimes 368. 10. The learned Advocate for the opposite party next refers to another decision of this Court in the case of Fateh Chand Bhansali vs. Hindusthan Development Corporation Limited reported in (2005) 2 CHN 454. In the aforesaid judgment a Coordinate Bench of this Court held that the order of the Reserve Bank of India freezing a bank account of the accused company is not at all a ground to quash the complaint against the petitioners. Order of Reserve Bank of India cannot operate as a ban to lodge criminal proceeding against petitioners for alleged offence under Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ompany. Thus, it was held by the Hon'ble Supreme Court that in such view of the matter, if the criminal complaints are alleged to proceed against the appellant, it would result in gross injustice to the appellant and tantamount to an abuse of the process of the court. 12. In the instant case similar is the situation. The petitioners were not directors of the company on the date when the cheques were issued. It is not the case of the opposite party No. 2/complainant that they were the signatories of the cheques. It is also pertinent to note that in the above mentioned decision the Hon'ble Supreme Court considered both the decisions of this Court in Fateh Chand Bhansali and Saroj Kumar Jhunjhunwala and the Hon'ble Supreme Court held that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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