13 $- :F -t- IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C . 181912010 & Crl. M.A. No. 70441201l(Stav) S KISHORE ..... Petitioner Through Mr. Mohit Mathur, MR. Mridul Chakravarth & Mr. Arnitabh Narendra, Advocates versus DCM FINANCIAL SERVICES LTD & ANR ..... Respondent Through Mr. Sachin Chopra & Mr. Amit Kumar, Advocates CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA ORDER oh 23.08.2011 By this petition, the Petitioner seeks quashing of the complaint filed before the learned Metropolitan Magistrate with regard to dishonor of cheque bearing No. 145894 dated 17tl'March, 2000 on the ground that the Petitioner had resigned from the Company on 26th November, 1996 which fact is also reflected in the Form No. 32 fiIed before the Registrar of Companies and the annual return of the Company for the financial year 1996-1997. On a notice being issued to the Respondents, they entered appearance and stated that they do not want to file any reply and had sought time to Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified argue the matter. Subsequently again fuither time was sought for argutnents. However arguments are not being addressed. It is thus apparent that there is no evidence with the Respondents to traverse the fact that the Petitioner was not the Director and in-charge and responsible for the day to day affairs and business of the Company when the alleged offence was committed. In view of the fact that there is evidence on record to show that neither on the date of cheque nor on the date when it was returned with the memo "exceeds arrangement" the Petitioner was the Director of the accused " ,o-puny, the proceedings qua him are liable to be quashed. Y Consequently, the proceedings qua the Petitioner in Cornplaint Case No. 624712009 pending in the Court of Shri Navjeet Budhiraja, learned Metropolitan Magistrate, Dwarka Court are hereby quashed. Petition and the pending application are disposed of. Order Dasti. { il,,^^xfrh'f'L /MUKTA GUPTA.J AUGUST 23,2011 'dk'