R.Mala v. B.Vinesh
Case brief
What is this about?
The petitioner sought to quash a criminal complaint filed under Section 138 NI Act for cheque dishonour. The court held that the petitioner had resigned as a director of the company in October 2006, well before the alleged offence occurred in June 2007, and thus she cannot be held liable.
What did the court decide?
Quashed the complaint in STC No.19 of 2008 in so far as it pertains to the petitioner.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2017
CORAM
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
Crl.O.P No.24068 of 2010
and
M.P.No.1 of 2010
R.Mala ... Petitioner
vs.
B.Vignesh ... Respondent
Prayer: Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to call for the records pertaining to the proceedings in S.T.C.No.19 of 2008, on the file of the leaned Judicial Magistrate, No.I,
Coimbatore and quash the same.
For Petitioners : Mr.J.Franklin
For Respondents : Mr.B.Nedunchezhiyan
JUDGMENT
Issues for consideration
2 issues framed by the court
Whether the complaint under Section 138 NI Act is maintainable against a petitioner who had resigned as a company director before the alleged issuance of the dishonoured cheque.
Whether the quashing of the criminal complaint under Section 482 Cr.P.C. is in the interest of justice when the acts of the company cannot be attributed to the petitioner.
Parties & counsel
- petitioner
R.Mala
- respondent
B.Vignesh
Coram
M.V.Muralidaran
Case details
As recorded by the court registry
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