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JOYMALYA BAGCHI
Anu Mehta – Appellant
Versus
Gunmala Sales Private Limited – Respondent


Counsel for the Parties:
For the Petitioners:Mr. Dipak Kr. Sengupta, Mr. Himangshu De, Mr. K. Bhattacharyya, Mr. Mrityunjoy Chatterjee, Mr. Rajarshi Dutta, Advocates
For the Opp.Parties:Mr. Ayan Bhattacharyya, Mr. Ayan Chakraborty, Advocates

JUDGMENT

Joymalya Bagchi, J.—As all these cases involve same questions of law and fact, they are heard analogously and are being disposed of by a common judgment and order.

2. This is a second round of litigation by and between the parties. By judgment and order dated 25th June, 2012, a learned Single Judge of this Court quashed the impugned criminal proceeding under Section 138 read with Section 141 of Negotiable Instrument Act, 1881. In the earlier bout of litigation, the instant prosecution had been assailed before this Court under Section 482 Cr.P.C. by the petitioners. In the said proceeding the High Court had framed two questions:-

(1) Whether the Directors can be prosecuted on the bald assertion made in the complaint, that “the Directors thereof and were at the time when the offence committed in charge of and were responsible for the conduct and day to day business of the said accused no.1 Company”?

(2) Whether the Director who has resigned can be prosecuted after his resignation has been accepted by the Board of the Directors of the Company?

3. After hearing the parties by judgment and order a learned Single Judge of this Court quashed the impugned proceeding, inter alia, on t









































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