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Judgment
B.V. Pinto, J.—This petition is filed seeking to quash the proceedings in C.C. No. 3178/2013 on the file of Addl. JMFC-III Court, at Raichur, in which the petitioner herein is shown as accused No. 3.
It is stated in the complaint that the accused No. 1 being a company, accused Nos. 2 to 5 are the directors of the said company and that in the conduct of the business of the company they have issued several cheques to the tune of Rs. 21,98,527/-.
Learned counsel for the petitioner submits that the petitioner was not at all director of the company and hence the proceedings against the petitioner may be quashed. He has relied on the decision reported in Harshendra Kumar D. Vs. Rebatilata Koley Etc., . Learned counsel has produced certain documents to show that the petitioner was not one of the director of the company and hence the proceedings against the petitioner is a sheer abuse of process of law. He further submits that the petitioner is aged about 70 years and he finds it difficult to appear before the trial Court on all the dates of hearing.
Learned counsel for the respondent on the other hand has filed one more document indicating that the petitioner is one of the directors of the said company and that the said document is dated 26.8.2013. The cheque in question is dated 25.6.2013 and hence the contention of the petitioner that he was not a director of the company cannot be acceded to.
The question whether a particular person is director or not of a company is a question of fact. The petitioner cannot seek for discharge u/s 482 of Cr.P.C. since questions of fact are involved in this case and it is for the trial Court to decide the question as to whether the petitioner was or was not a director as on the date of issuance of cheque. Hence the proceedings cannot be quashed basing on such materials produced before this Court.
So far as the prayer for exemption is concerned, it is left to the petitioner to seek for exemption from appearing on all the dates of hearing and if such an application is filed before the trial Court, the trial Court is directed to dispose of the same in accordance with law.
Accordingly, this petition is dismissed.