IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO. 2583 OF 2013 BETWEEN:
AMRENDRA KUMAR S/O LATE SHATURGHAN SINGH NO. 730 F (NEW NO.09), 4TH MAIN K. R. GARDEN, MURGESHPALYA OLD AIRPORT ROAD BANGALORE – 17.
(BY SRI. B. S. PRASAD - ADVOCATE) AND:
1. M/S. SAVEX COMPUTERS LTD., NO.8, MOT CHAMBERS 9 MILLERS ROAD BANGALORE – 560052 REP. BY ITS BRANCH ACCOUNTANT MR. MAHESH SHEKAR.
2. SAHARA COMPUTECH PVT. LTD., NO.123/1, SHREE K.B. COMPLEX S.P. ROAD, BANGALORE – 02.
…PETITIONER 3. JABBAR SINGH B RAJPUROHIT S/O BABU SINGH RAJPUROHIT 4. SANJAY SINGH B RAJPUROHIT S/O BABU SINGH RAJPUROHIT 5. BABU SINGH RAJPUROHIT S/O BHEEM SINGH RAJPUROHIT ALL ARE RESIDING AT:
NO. 113 – FLAT NO.101 GOWRI APARTMENT II MAIN ROAD, CHAMARAJPET BANGALORE – 560018.
...RESPONDENTS (BY SRI. S. SHIVAKUMAR – ADVOCATE FOR R-1 –ABSENT R-2 SERVED AND UNREPRESENTED R-3 TO R-5 ARE DISPENSED WITH VIDE ORDER DATED 10.08.2015) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE ORDER DATED 14.06.2012 PASSED BY THE XV A.C.M.M., BANGALORE IN C.C. NO. 14719/2012 (P.C.R. NO. 9720/2012) AND ITS CONSEQUENTIAL PROCEEDINGS ONLY AS AGAINST THE PETITIONER.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is Accused No.5 in C.C.No.14719/2012 arising out of PCR No.9720/2012. The proceedings were initiated by Respondent No.1 under Section 138 of the NI Act on the specific averments that in respect of the purchases made by the Sahara Computech Private Ltd., the accused persons issued two cheques for Rs.53,00,000/-, which were dishonoured for insufficient funds.
2. The learned counsel for the petitioner submits that as on the date of the alleged transactions as well as on the date of issuance of the cheques, the petitioner was not the Director of the Company. He had resigned from the said Company by executing a Deed of Retirement dated 1.4.2011. The same was intimated to the Registrar of Companies by submitting Form No.32. His resignation was accepted with effect from 1.4.2011. According to the complainant, the alleged transactions had taken place during 15.02.2012 and 6.3.2012. The cheques in question were issued on 3.4.2012 and 10.04.2012.
3. Since the unimpeachable document produced by the petitioner indicates that as on the date of the alleged transactions and issuance of the cheques, the petitioner had ceased to be the Director of the said Company, prosecution of the petitioner for the alleged offences is bad in law and cannot be sustained.
4. Accordingly, the petition is allowed. The proceedings initiated against the petitioner in C.C.No.14719/2012 arising out of PCR No.9720/2012 on the file of the XV ACMM, Bengaluru, is quashed only in so far as the petitioner is concerned.
SD/- JUDGE KS