APPLN.3331-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 3331 OF 2010 Kailash Narain Agarwal ...Applicant Vs. Globas Trade Finance Ltd. & Anr. ...Respondents *** Mr. A. P. Mundargi, Sr. counsel with Rajiv Singh i/b M/s. Crawford Bayley & Co., for the Applicant. Mr. Yashpal Thakur i/b Paras Kuhad Desai, for Respondent. No.1. Mr. A. S. Shitole, APP for Respondent-State. *** CORAM: V. M. KANADE J. DATE : AUGUST 26, 2010 P.C. 1. Heard the learned counsel appearing for the parties. By this application, applicant is challenging the order of issuance of process passed on the complaint filed under S. 138 of the Negotiable Instruments Act by the Complainant. It is submitted that applicant has resigned from from 18-8-2008 and the ROC was informed in November 2008. it is submitted that the respondent was also informed by a letter dated 27th APPLN.3331-10 - 2 - December 2008 that he is no longer a director and he should be relieved from the personal guarantee which was given by him. It is submitted that respondent No.2, however, informed the applicant that he could not be relieved from the personal guarantee bond. It is submitted that out of 17 cheques dishonoured, allegedly only one cheque was signed by him. It is submitted that post dated cheques must have been obtained by respondent No.2 and as such when the complaint was filed, since he had resigned, he could not have signed those cheques on that day. 2. The learned counsel appearing for respondent No.1, however, disputes the fact about resignation of the applicant. Since this being a disputed question of fact, in view of various judgments of the Apex Court, it will not be possible to consider this question at this stage. Hence, the submission made by the learned counsel for the applicant cannot be accepted and it is not possible to interfere with the impugned order of issuance of process at this stage. The criminal application is therefore, dismissed. 3. The applicant is however, exempted from appearing in the trial Court. The trial Court shall record plea of the applicant through his advocate. His statements under S. 313 Cr.P.C. also shall be recorded through his advocate, in terms of the provisions of 313(5) Cr.P.C, subject APPLN.3331-10 - 3 - to applicant giving an undertaking to the trial Court that he will not dispute his identity and the answers given by his advocate, in the statements recorded under S. 313 Cr.P.C. . The criminal application is therefore, disposed of in the aforesaid terms. [ V. M. KANADE J.]