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2020 (5) TMI 127 - HC - Indian LawsDishonor of Cheque - Maintainability of application - recall of summon order - non-executive director - case of petitioner is that the petitioner being a non-executive Director was never in-charge of the business of the accused company or responsible to the company for the conduct of its business - vicariously liability for the offence under Section 138 of N.I. Act - HELD THAT:- In the present case, the petitioner has not placed any material on record to show that he had resigned from the accused company and that his resignation had been accepted by the Board of Directors of the Company. Even going by the pleadings on record, the date of petitioner’s resignation is post issuance of the cheques in question and their dishonor - The petitioner is an Executive Director in the category of Promoter. The complaint carries an averment that the petitioner along with others was looking after the day to day affairs of the company, being in-charge thereof was jointly and severally liable for the acts and deeds of the accused company and also responsible for not maintaining sufficient balance in the account for encashment of the cheques in question. Also, the petition is not only highly belated, but also filed only with a view to delay the trial. In view of the aforesaid discussions and especially the observation of the Supreme Court in GUNMALA SALES (P.) LTD. VERSUS ANU MEHTA, NAVKAR INFRA PROJECTS PVT. LTD. AND OTHERS [2014 (12) TMI 1116 - SUPREME COURT], where in similar circumstances, the petition was dismissed for not placing on record any material of impeccable nature to prove that the accused had resigned, the present petition is dismissed along with the pending application with a cost of ₹ 25,000/- to be paid to “PM Cares” Relief Fund in Account no. 2121PM20202 maintained with the SBI, New Delhi Main Branch within a period of two weeks from the passing of this judgment. Petition disposed off.
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