Ashim Kumar Roy, J.—The petitioner, who has been facing his prosecution under Section 138 of the Negotiable Instruments Act, in connection with the Complaint Case No. 38/C/2013, now pending before the learned Metropolitan Magistrate, 5th Court, Calcutta, has approached this Court for quashing of the same on the following grounds,

(1) At the relevant time, when the cheque in question was issued, he was no more the Director of the Company, the principal accused, having resigned from the Directorship with effect from November 3, 2007 and Form No.32 under the Companies Act was submitted on November 21, 2007.

(2) In the four corners of the complaint, there was no allegation with reference to Section 141 of the Negotiable Instruments Act, as to how they were responsible to the Company for running its business.

2. So far as the first ground is concerned, the learned Counsel for the petitioner relies on two decisions of the Hon’ble Apex Court one is in the case of Harshendra Kumar D. v. Rebatilata Koley & Ors. (2011) 1 S.C.C. (Cri) 1139 and the another is in the case of Anita Malhotra v. Apparel Export Promotion Council & Anr. (2012) 1 S.C.C. (Cri) 496.

3. So far as the second gr