Anand Kumar Mishra v. Hemlata Kukreja
-1CRM-M-21678 of 2018
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRM-M-21678 of 2018 Date of Decision: 22.10.2018 Anand Kumar Mishra ....Petitioner
Versus
Hemlata Kukreja ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Aditya Jain, Advocate, for the petitioner. Mr. Rajnikant Upadhyay, Advocate, for the respondent. RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C. prayer has been made for quashing summoning order dated 24.10.2016 of the learned Judicial Magistrate Ist Class, Faridabad, qua petitioner, whereby he has been summoned to face trial under Section 138 of the Negotiable Instruments Act in complaint No.2186 dated 21.10.2016 titled as "Hemlata Kukreja v. Piyush Shelters India Pvt. Ltd. Etc." During the course of arguments, learned counsel for the opposite side, fairly conceding that petitioner never remained director of the accused company and he was only company secretary at the relevant time, urged that instant petition is not maintainable in view of availability of remedy of filing revision to the petitioner.
It is not disputed that the petitioner never remained as director of the accused company. Therefore, putting him to trial unnecessarily would be harsh inasmuch as when the complaint is already pending against RAVINDER SINGH 2018.10.25 16:58 I attest to the accuracy and authenticity of this document
-2CRM-M-21678 of 2018 the director and is at the final stage.
In view of above, instant petition is allowed. Order dated 24.08.2018 of this Court staying further proceedings against the petitioner, is made absolute. Resultantly, impugned complaint No.2186 dated 21.10.2016 titled as "Hemlata Kukreja v. Piyush Shelters India Pvt. Ltd. Etc." (Annexure P-2) against the petitioner only shall be treated as dismissed.
(RAMENDRA JAIN) October 22, 2018 JUDGE R.S.
Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.10.25 16:58 I attest to the accuracy and authenticity of this document