High Court of Punjab and HaryanaCRM-M/2779/2018allowed

Sundaram Balasubramanian v. M/S R.T. Packaging Ltd.

2019-05-09Mr. Justice Ramendra Jain2 pages

-1CRM-M-2779 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-2779 of 2018 Date of decision: 09.05.2019 Sundaram Balasubramaniam ......Petitioner versus M/s R.T. Packaging Ltd.

......Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Aashish Chopra, Advocate, and Ms. Gurpreet Randhawa, Advocate, for the petitioner. None 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 12.10.2016 (Annexure P-1) passed by the trial Court and complaint No.NI Act.186/2016 dated 11.04.2016 (Annexure P-2) filed by respondent against the petitioner under Sections 138, 141, 142 of the Negotiable Instruments Act, 1881 (for short the 'Act') and Sections 406 and 420 IPC.

Learned counsel for the petitioner inter alia contends that petitioner was appointed as alternative director by the then Company Law Board (now National Company Law Board) in place of Jatin Kakkar a nonexecutive nominee director of M/s Horse Shoe Capital on account of his absence being abroad for more than three months. Therefore, petitioner had no role in day-to-day affairs of the accused company. Rather he was a sleeping director under forced circumstances being appointed by the Company Law Board. Petitioner has falsely been implicated in the RAVINDER SINGH 2019.05.10 16:57 I attest to the accuracy and integrity of this document

-2CRM-M-2779 of 2018 aforesaid complaint filed by the respondent.

Heard.

Despite service of notice, respondent-complainant did not choose to come present and contest this petition. Therefore, it can safely be presumed that respondent-complainant is not interested in pursuing its complaint (Annexure P-2) against the petitioner. Accordingly, the petition is allowed. Complaint (Annexure P2) and summoning order dated 12.10.2016 (Annexure P-1) are quashed qua petitioner only.

(Ramendra Jain) May 09, 2019 Judge R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2019.05.10 16:57 I attest to the accuracy and integrity of this document