Raj Bala And ORS v. M/S Des Raj Ram Gopal
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH Date of decision : 17.03.2026 Raj Bala & Anr.
..... Petitioners
VERSUS
M/s Des Raj Ram ..... Respondents CORAM: HON'BLE MR. JUSTICE SURYA PARTAP SINGH Present :
Mr. Anuj Balian, Advocate for the petitioners. Mr. Raman Mahajan, Advocate for the respondent. ***** SURYA PARTAP SINGH, J.
1.
By virtue of present petition, the extraordinary jurisdiction vested in this Court by virtue of Section 482 of Criminal Procedure Code has been invoked.
2.
The abovementioned petition has been filed for quashing of complaint No.NACT/842/2016 titled as 'M/s Des Raj Ram Gopal V/s M/s Dev Dhan Raj Agri Products International Private Limited & Ors.', filed by the respondent, under Section 138 of Negotiable Instruments Act, hereinafter being referred to as 'NI Act' only, as well as summoning order dated 12.10.2016, passed by the Court of learned Judicial Magistrate First Class Kurukshetra, hereinafter being referred to as 'trial Court' only.
3.
In nut-shell, the facts emerging from record are that the respondent/complainant, hereinafter being referred to as 'respondent' only, filed a complaint for the commission of offence punishable under Section 138 read with Section 142 of NI Act. It has been alleged by the respondent that the respondent was having a business dealing with 'Dev Dhan Raj Agri. Products International Private Limited', and that Raj Bala and Aarti Aggarwal (petitioners herein) along with other accused, namely Rajeev Kumar, are the directors of the abovementioned firm. According to the respondent, in discharge of their liability, with regard to legally enforceable debt, the petitioners had issued two cheques amounting to Rs.15 lacs each in favour of respondent.
4.
The respondent has further alleged that at the time of issuing cheques, an assurance was given to the respondent that on presentation before the banker of 'Dev Dhan Raj Agri Products International Pvt. Ltd.', the abovementioned cheques would be honoured, but on presentation of cheques the banker of 'Dev Dhan Raj Agri Products International Pvt. Ltd.' refused to honour the cheques, and therefore, a legal notice was served, by the respondent, upon the petitioners and other co-accused, calling them upon to pay the due amount. According to respondent, when the petitioners and other co-accused failed to make the payment, the complaint in question has been filed.
5.
The present petition has been filed by the petitioners claiming therein that their prosecution for the commission of offence punishable under Section 138 read with Section 142 of NI Act is nothing, but an abuse
of process of law, as the cheques in question were issued on 01.07.2016 and 15.07.2016, respectively, but the petitioners had resigned from the Company, namely 'Dev Dhan Raj Agri Products International Pvt. Ltd.', much prior to issuance of abovementioned cheques, and therefore, their prosecution for the commission of offence punishable under Section 138 of NI Act is an abuse of process of law.
6.
Heard.
7.
It has been contended by learned counsel for the petitioners that the law prescribes that for invoking the liability of an individual, by invoking Section 142 of NI Act, there must be specific allegation against that person, with regard to the fact that he was either signatory of the cheque(s) or responsible for day-to-day affairs of the Company. According to learned counsel for the petitioners, in the present case the role attributed to the petitioners does not qualify any of the abovementioned two conditions. In support of his arguments, learned counsel for the petitioners has referred to Annexure P-4, P-5 and P-6, the Forms DIR-11 & DIR-12. A perusal of abovementioned documents show that prior to issuance of cheques, i.e. on 12.11.2015, the petitioners had resigned from the Company, namely 'Dev Dhan Raj Agri Products International Pvt. Ltd.'. 8.
According to learned counsel for the petitioners, once on the date when the cheques were issued, the petitioners were not Directors of the Company, and otherwise also they are not signatory of the cheques, by invoking Section 142 of NI Act with regard to any legally enforceable debt
of Dev Dhan Raj Agri Products International Pvt. Ltd.', any liability cannot be fastened upon the petitioners.
9.
The learned counsel for the respondent has controverted the abovementioned arguments. According to learned counsel for the respondent, the petitioners are close family members of Rajeev Kumar and Vinod Kumar, and that soon before dishonour of cheques, both the petitioners were Directors of the Company and therefore, they are bound to face the consequences of dishonour of cheques, issued on behalf of 'Dev Dhan Raj Agri. Products International Pvt. Ltd.'. 10.
The record has been perused carefully.
11.
A perusal of record shows that the copy of Form DIR-11 & DIR-12 has been placed on record by the petitioners and the abovementioned document goes to show that on 12.11.2015, the petitioners had resigned from the Directorship of Company, namely 'Dev Dhan Raj Agri Products International Pvt. Ltd.'. Thus, it is apparent that for any act of the Company, the petitioners could not have been held responsible, after the acceptance of their resignations.
12.
In addition to above, it is also an admitted fact in this case that the petitioners had not signed the cheques in question. Thus, considering the overall scenario, it is hereby ordered that the petitioners cannot be held liable for any criminal liability of the 'Dev Dhan Raj Agri Products International Pvt. Ltd.', and therefore, the prosecution of petitioners, forcing them to face
trial for the commission of offence punishable under Section 138 of NI Act, is nothing, but an abuse of process of law.
13.
, vis-à-vis the summoning order dated 12.10.2016 and all other consequential proceedings
pertaining to abovementioned complaint, are hereby quashed qua the petitioners.
15.
Pending miscellaneous application(s), if any, stand(s) disposed of, accordingly.
(SURYA PARTAP SINGH) JUDGE 17.03.2026 Gaurav Thakur Whether speaking / reasoned Yes/No Whether Reportable Yes/No