TMI Blog2018 (11) TMI 1913X X X X Extracts X X X X X X X X Extracts X X X X ..... by the company wherein it was reflected that the appellant therein had resigned from the post of Director much prior to the issuance of cheque. In GUNMALA SALES PRIVATE LTD. [ 2014 (12) TMI 1116 - SUPREME COURT] the Supreme Court referred to its earlier decision in HARSHENDRA KUMAR D. VERSUS REBATILATA KOLEY [ 2011 (2) TMI 1278 - SUPREME COURT] in which also a similar issue came up for consideration. There was an averment in the complaint therein that the appellant was responsible for the day-to-day affairs of the company, despite the said averment the Court quashed the complaint taking into consideration the resolution passed by the company wherein it was reflected that the appellant therein had resigned from the post of Director much ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed. - CRIMINAL PETITION Nos.8268 and 8881 of 2013 - - - Dated:- 29-11-2018 - THE HONOURABLE SMT JUSTICE T. RAJANI For the Appellant : SUDERSHAN KUMBAM For the Respondent : PUBLIC PROSECUTOR COMMON ORDER: Since the petitioners herein are arrayed as A3 and A4 respectively in the same criminal proceedings and the cause of action being the same, the criminal petitions are disposed of by this common order. 2. The criminal petitions are filed seeking quash of proceedings against the petitioners, who are A3 and A4 respectively, in CC.No.407 of 2013 on the file of the V Additional Chief Metropolitan Magistrate cum Juvenile Court, Nampally. The offences alleged are under Section 138 of the Negotiable Instruments Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... U MEHTA [CRLA.No.2228 of 2014 dated 17.10.2014], relied upon by the counsel for the petitioners, the said proposition was upheld. The Supreme Court while upholding the reiterated principle held that a complaint cannot be quashed merely on the ground that apart from the basic averment no particulars are given in the complaint about the role of the petitioner because ordinarily the basic averment would be sufficient to send him to trial and it could be argued that his further role could be brought out in the trial, also held that the material produced by the accused can be analysed to see whether the averment in the complaint is true or false. The decision of the Supreme Court in SMS PHARMACEUTICALS LTD v. NEETA BHALLA 2005 LAWSUIT (SC) 1265 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18.11.2003] was also referred to, wherein it was held that when the investigation was not completed, it was impermissible for the High Court to look into the materials, the acceptability of which is essentially a matter for trial and while exercising jurisdiction under Section 483 of the Code it is not permissible for the Court to act as if it was a trial Judge. The Supreme Court, however, at paragraph 25 opined that the said observations cannot be read to mean that in a criminal case where trial is yet to take place and the matter is at the stage of issuance of summons or taking cognizance, materials relied upon by the accused which are in the nature of public documents or the materials which are beyond suspicion or doubt, in no circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n considered by the High court, it would have been apparent that the appellant has resigned much before the cheques were issued by the company. 11. The facts of the case on hand are in similar to the facts dealt with by the Supreme Court in the above decision and it would be an error on the part of this Court, if after considering Form 32, which is a public document reflecting resignation of the petitioners on 01.10.2010, it declines to quash the proceedings. In the result, the criminal petitions are allowed and the proceedings against the petitioners, who are A3 and A4 respectively, in CC.No.407 of 2013 on the file of the V Additional Chief Metropolitan Magistrate cum Juvenile Court, Nampally, are hereby quashed. As a sequel, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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