TMI Blog2019 (7) TMI 1455X X X X Extracts X X X X X X X X Extracts X X X X ..... PPEAL NO (s). 1157 OF 2019 (arising out of SLP(Crl.) No. 2663 of 2017) - - - Dated:- 30-7-2019 - Ashok Bhushan And Navin Sinha, JJ. JUDGMENT Navin Sinha, J. The application preferred by the appellant under Section 482, Cr.P.C. to quash the summons issued in complaint case no.3403/1/2015 was dismissed by the High Court opining that since the earlier Crl.M.C. No.877 of 2005 for the same relief had already been dismissed, the second application was not maintainable. 2. Respondent no.2 filed a complaint under Section 142 read with Section 138 of the Negotiable Instruments Act (hereinafter referred to as the Act ) against the appellant who was the Director of M/s. ETI Proje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntend that such an application was not maintainable. The cheques being post-dated, the appellant cannot escape its answerability. 6. We have considered the respective submissions on behalf of the parties and are of the opinion that the appeal deserves to be allowed for the reasons enumerated hereinafter. 7. The complaint filed by respondent no.2 alleges issuance of the cheques by the appellant as Director on 15.02.2001 and 28.02.2001. The appellant in his reply dated 31.08.2001, to the statutory notice, had denied answerability in view of his resignation on 20.01.2001. This fact does not find mention in the complaint. There is no allegation in the complaint that the cheques were post-dated. Even otherwise, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rlier application which was rejected by the High Court was an application under Section 561A of the CrPC to quash the proceeding and the High Court rejected it on the ground that the evidence was yet to be led and it was not desirable to interfere with the proceeding at that stage. But, thereafter, the criminal case dragged on for a period of about one and half years without any progress at all and it was in these circumstances that respondents Nos. 1 and 2 were constrained to make a fresh application to the High Court under Section 561-A to quash the proceeding. It is difficult to see how in these circumstances it could ever be contended that what the High Court was being asked to do by making the subsequent application was to review or re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... can be done to the reputation of a person than dragging him in a criminal case. In our opinion, the High Court fell into grave error in not taking into consideration the un-controverted documents relating to Appellant's resignation from the post of Director of the Company. Had these documents been considered by the High Court, it would have been apparent that the Appellant has resigned much before the cheques were issued by the Company. As noticed above, the Appellant resigned from the post of Director on March 2, 2004. The dis-honoured cheques were issued by the Company on April 30, 2004, i.e., much after the Appellant had resigned from the post of Director of the Company. The acceptance of Appellant's resignation is duly reflecte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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