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MANJU GOEL
R. P. G. Transmission Ltd. – Appellant
Versus
Sakura Seimitsu (I) Ltd. – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Sidharth Luthra, Mr. Ajay Bhargawa and Mr. Shri Singh, Advocates.
For the State:Ms. Richa Kapoor, Advocate.
For the Respondent:Mr. B.D. Nayar, Advocate.

Judgment

Manju Goel, J.—These revision petitions are directed against the Order dated 18.11.2000 passed by Shri V.K. Goyal, M.M. New Delhi in complaint case Nos. 1114/98& 1528/98 whereby he discharged the accused No. 2 (respondent No. 2 herein) in cases under Section 138 of the Negotiable Instruments Act. The Orders were passed on applications of accused No. 2 for recalling the summoning Order. The plea taken by respondent No. 2 was that before the impugned cheque was issued he had resigned from the directorship of the company accused in the petition and was therefore, not liable to be prosecuted being not a person responsible for the affairs of the company at the relevant point of time. The learned Magistrate took into consideration Form 32 which was placed before him and observed that since Form 32 was not being disputed it was clear that respondent No. 2 had resigned from the company on 5.6.1998 whereas the cheques in both cases were dated 27.6.1998 & 27.9.1998 and, therefore, not liable to be prosecuted. The summoning Order against respondent No. 2 Rajiv Gupta was recalled and Rajiv Gupta was discharged in both cases. These Orders are under challenge under the provisions of Se





















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