the N.I. Act against the accused petitioner and respondent No.2 Garvit Innovative Private Ltd. before the learned Addl. Civil Judge and Judicial Magistrate No.2, Bharatpur with regard to dishonour of cheque No.683958 dated 05.12.2019 for a sum of Rs.1,12,040/-. Vide order dated 02.08.2022, the substance of accusation for offence under Section 138 of the N.I. Act was stated and explained to him to which, he pleaded not guity and claimed trial. Learned counsel submits that before issuance of cheque in question, the petitioner had already resigned from the company on 18.11.2018 and his resignation was also accepted by the company Garvit Innovative Promoters Limited on the same day i.e., 18.11.2018. In support of this contention, he has placed copy of copy of resolution of the meeting of the Board of Directors of the Company whereby the resignation of the accused petitioner as Managing Director has been accepted. The acknowledgment receipt of the resignation of the petitioner, downloaded from the official website of the office of the Registrar of Companies has also been annexed with this petition. Learned counsel contends that on the date of issuance of cheque in question, the petitioner was not a part of the company in any capacity nor he had issued cheque on behalf of the company, therefore, the criminal process of the petitioner is abuse of process of law.
