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Smt. Achla Saluja v. M/S S.S. Tejinder Singh & Anr - CRM-19298-M-2006  RD-P&H 1812 (20 March 2006)
CRIMINAL MISC. NO. 19298 -M OF 2006 (O&M) DATE OF DECISION: March 31, 2006.
Smt. Achla Saluja
M/S S.S. Tejinder Singh and another
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. L.M.Gulati,
Advocate, for the petitioner.
This petition has been filed under Section 482 Cr.P.C. with a prayer to quash the complaint, filed by the respondents, against the petitioner and her son along with the Company, of which they are the Directors. Counsel for the petitioner states that the petitioner being a lady has nothing to do so far as day to day affairs of the company are concerned. She has not signed the cheque, which has bounced, as such, she cannot be summoned in the complaint. During arguments, it transpires that the cheque was issued at the instance of Private Limited Company, namely, M/s White Fields International Pvt. Ltd. Petitioner and her son are the only two Directors of the said Company. In the complaint, there is specific allegation that all affairs of the Company were being carried out by the Directors, in consultation with each other.
Under these circumstances, at this stage , as there is no evidence on record, a finding cannot be given that the petitioner was not participating in the affairs of the Company. This Court feels that she has rightly been summoned by invoking the provisions of Section 141 of the Negotiable Instruments Act, 1881. In view of the facts of this case, no benefit of the ratio of the judgments in S.M.S. Pharmaceuticals Ltd. vs. Neeta Bhalla and another, 2005(3) Civil Court Cases 483 (S.C.) and Smt. Katta Sujatha v. Fertilizers and Chem. Travancore Ltd. and another, 2002(4) R.C.R. (Criminal) 502, can be given to the petitioner. However, keeping in view a fact that the petitioner is a lady, it is ordered that if she puts up appearance before the trial Court and furnishes bail bonds to its satisfaction, trial Court may, on an application to be moved, consider her prayer for exempting her personal appearance very sympathetically.
March 31, 2006. ( Jasbir Singh )
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