Heard Mr.Chokshi, learned advocate for the applicant in all these five matters and perused the relevant papers of this applications.
Mr.Chokshi, learned advocate for the applicant submitted that in all these five matters, wherein the applicant is arraigned as one of the accused persons in capacity of Director of original accused no.1-Company but, in the complaint, not a single allegation is made by the original complainant to the effect that the applicant was taking part in day to day business of the Company, as contemplated under Section 141 of the Negotiable Instrument Act.
It is further submitted that in none of the matters, the applicant himself is signatory to the disputed cheques. It is further submitted that in all these five criminal complaints, which are pending before the Trial Court, till date, no plea is recorded by the Trial Court.
My attention was drawn to the case of National Small Industries Corporation Ltd. Versus. Harmit Sing Paintal & Anr., reported in (2010) 3 SCC 330 more particularly, to the discussion made by the Hon'ble Apex Court in Para-22 as well as in Para-39 in said decision.
None appeared for respondent no.1-original complainant.
Considering the facts and circumstances of the case, so also considering the submissions advanced on behalf of the applicant and the ratio laid-down by the Hon'ble Apex Court in case of National Small Industries Corporation Ltd (Supra), RULE returnable on 10th April, 2012. Interim relief in terms of Para-8(c) is granted.
(J.C.UPADHYAYA,J.) Girish Top