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TMI Blog2015 (9) TMI 1672X X X X Extracts X X X X X X X X Extracts X X X X ..... riminal Procedure for quashing of Criminal Complaint No. 52510 of 2013 titled Arora Iron and Steel Rolling Mills Pvt. Ltd. Vs. Swati Cast & Forge Private Limited and others [Annexure P/1] under Section 138 of the Negotiable Instruments Act, 1881 [for short, "the Act"] read with Section 420 IPC, has been filed by Parmod Rani, petitioner herein, mainly on the ground that the present petitioner was s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... city of Director or any other capacity and she is thus, not responsible for the acts of the Company. The cheque in question was issued by the Company and the same was not signed by the petitioner. Hence, the complaint and the summoning order be quashed. 3. In support of his plea, learned counsel for the petitioner placed reliance upon judgment of Hon'ble Supreme Court in case Harshendra Kumar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pted in the Board meeting on 1.4.2013 itself, and required information was sent on Form 32 [Annexure P/6] to the Registrar, the petitioner ceased to be Director of Company on 1.4.2013. More so, she is not the signatory to the cheque. The alleged cheque is dated 13.04.2013 and was returned dishonoured on 10.7.2013. Thus, on the date of issuance of cheque, the petitioner was not the Director PARKASH ..... X X X X Extracts X X X X X X X X Extracts X X X X
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