Vijay Kapoor vs All Bank Finance Limited and Another

G.S. Sistani, J.

1.This is a petition u/s 482, Cr.P.C. for quashing of the proceedings initiated u/s 138 read with Section 142 of the Negotiable Instruments Act in the Complaint Case No.7368/1/04, titled All Bank Finance Limited v. Overseas Cables Limited And Ors, qua petitioner.

Learned Counsel for the petitioner submits that petitioner was neither a director nor a signatory to the cheque(s) in question, as he had resigned from the directorship of the company on 07.01.1993 and the Registrar of Companies was informed about the resignation on 25.09.1996. He also submits that the post-dated cheques which are the subject matter of the complaint were issued for the period March to August 2000 and petitioner resigned from the directorship much prior, hence, prays that the complaint qua him, be quashed.

Learned Counsel for respondent No.1, upon verification very fairly submits that apparently petitioner herein was arrayed as a party on account of some misunderstanding and in view of the fact that name of the company had changed and he has no objection if the above said complaint and proceedings arising therefrom qua petitioner are quashed.

In the facts and circumstances of this case and keeping in view the stand of respondent No.1 that petitioner has wrongly been arrayed as party and he has no objection if the complaint qua petitioner is quashed. Consequently, Complaint Case No.7368/1/04, titled All Bank Fiance Limited v. Overseas Cables Ltd. & Ors., qua the petitioner, are quashed.

Petition stands disposed of.