Judgment

Dr. Arijit Pasayat, J. —

SLP (Crl.) 6049/2005

1.Leave granted.

2.Challenge in this appeal is to the Order passed by a learned Single Judge of the Punjab and Haryana High Court accepting the prayer of respondent No.1 for quashing the proceedings pending before the Judicial Magistrate, First Class, Ludhiana. The proceedings related to the complaint filed by the appellant alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (in short the ‘Act’). In all, 8 petitions were filed which were disposed of by the common Judgment.

3.The present appeals relate to Criminal Miscellaneous No. 52153 of 2002 and connected cases. The High Court quashed the proceedings primarily on the ground that respondent No.1-Virsa Singh Sidhu in the first case had resigned from the Directorship before the cheques were issued. The other petitions were allowed on the ground that there were some general allegations that all Directors were responsible.

4.Learned counsel for the appellant submitted that the High Court’s Judgment is clearly unsustainable. So far as respondent No.1 is concerned he claims to have resigned on 2.4.1999 whereas cheques were issued on various