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Judgment
H.S. Kempanna, J.—Heard.
Respondent though served has neither appeared in person nor has engaged any counsel on his behalf even today also.
Though the matter is listed for admission, in view of the order dated 17.9.2010 passed by this Court in Criminal Petition No. 913 of 2009 and connected matters, since the facts and the question involved are one and the same in both the petitions, it is taken up for final disposal.
The respondent herein filed private complaint u/s. 200 Cr.P.C. against the Managing Director, Directors and Officials of Pioneer Feeds and Poultry Product Pvt. Ltd. including this petitioner as one of the directors on the allegation that the accused/firm had issued cheques in favour of him towards repayment of the amount due to them and the said cheques on presentation had been dishonoured for want of sufficient funds and therefore the petitioner and others of the accused-company have committed the offence u/s 138 of N.I. Act.
It is the case of the petitioner that he was not the Director of the accused/firm viz. Pioneer Feeds and Poultry Product Pvt. Ltd. at any point of time. In support of the same he has produced Annexure-D which is the Annual Return filed by the Company. That discloses this petitioner is not the Director of M/s. Pioneer Feeds and Poultry Product Pvt. Ltd. This Court in connected Criminal Petition No. 913/09 and other matters, where similar accusation has been made against the petitioner, has come to the conclusion that this petitioner was not the Director of the accused/Company and therefore, quashed the entire proceedings against him. A perusal of the allegations discloses that the cheque in question has been issued by the first respondent/accused - Company. There is nothing on record to show that this petitioner was the Director of the Company as on the date the cheque was issued. The Annual Returns of the Company do not reflect that the petitioner has any nexus with the accused/Company or he is representing the company in any capacity, more particularly as Director of the Company.
Therefore, in view of the orders passed by this Court in Criminal Petition No. 913/2009 and connected matters, as the petitioner is not the Director of the first accused - Company, the petition deserves to be allowed and the proceedings initiated against this petitioner has to be quashed.
In the result, the following order is passed:-
i) The petition is allowed;
ii) The proceedings initiated against this petitioner in C.C. No. 1908/2008 on the file of the JMFC-II at Davangere is quashed.