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2019 (12) TMI 927 - HC - Indian LawsDishonor of Cheque - section 138 of NI Act - forgery for the purpose of cheating - present petition is filed on the ground that the petitioner since beginning had been disputing over the working style of the management of M/s Vigyan Chemicals Pvt. Ltd., therefore, the petitioner was never involved in any affairs of the company - HELD THAT:- The fact remains that as for the signing of Master Facilities Agreement and supplementary agreements, the FSL has opined that the signatures are not of the petitioner. Further, the petitioner filed police complaint as well as complaint under section 156(3) Cr.P.C. to lodge FIR against respondent no.2 and same has been lodged vide FIR No.168/2019 dated 02.12.2019. On perusal of the order dated 16.09.2019, whereby the Trial Court directed to register FIR, it is revealed that as per the FSL report, the disputed signatures on the loan documents are different from the specimen signatures of the respondent no.2. The signature on the resolution passed by the company are forged, therefore, there was no occasion for the petitioner to appoint Mr.Sanjay Jain to issue cheque in question. Since the document itself is forged, therefore, under no stretch of imagination, it can be held that the petitioner has been looking after day-to-day affairs of the company and is responsible for the offence under section 138 of the NI Act - In the present case, the signatures were not of the petitioner and because he had complaints regarding day-to-day business of the company, he resigned from the company on 22.02.2016, which is not in dispute, much prior to cheque issued on 10.11.2016. The complaint set aside - petition allowed.
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