HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Miscellaneous Petition No.260 of 2009 PETITIONER: RESPOIIslDENT: {Pet Shri O.P. Agrawat S/o S.R. Agrawal, aged about 66 years, Chairman, R/o House No.8-474, Greater Kailash-II, New Delhi- 110048 Versus Rampratap Gour S/o Shri Rajmani Gour, aged about 52 years, Branch Manager, National Agriculture Co- operative Marketing Federation of India Ltd. (NAFED), 31/487, Vrindawan, New Panchsheel Nagar, Civil Lines, Raipur, Distt. Raipur (C.G.) tion under Section 482 ofthe Code of Criminal Procedure, 1973} Present: Mr. Shivendu Pandya, counsel for the petitioner. ^- ! Sinale Bench: Hon'ble Mr. T.P. Sharma. J ORAL ORDER (29-10-2009) 1. Thisipetition under Section 482 of the Cr.P.C. is directed against the order dated 3-4-2007 passed by the Judicial Magistrate First Class, Raipur in Criminal Complaint Case No.261/2007. 2.Lear;ned counsel for the petitioner submits that the petitioner was mer^ber of the Board of Directors in the year 1996 and has resigned in the year 1997. This is a case of dishonour of cheque of the year 2006, at that time, the petitioner was not the Director of the Com'pany. Learned counsel seeks to withdraw this petition with liberty to file appropriate application before the trial Court on the basis of the document issued by the Registrar of Companies. He further submits that till the decision on the said application no coercive steps be taken against the petitioner and the petitioner be permitted to fite his objection/application before the trial Court thro^gh his counsel. i S.Taking into consideration the document filed on behalfof the petitioner and the submission of learned counsel for the petitioner, this jpetition is dismissed as withdrawn with the aforesaid liberty. The Itrial Court is directed to consider the application to be filed on behalf of the petitioner to exonerate him on the ground that at the time of commission of the offence, the petitioner was not the mernber of the Board of Directors of the Company, and pass order in acc0rdance with law. Titl the disposal of the said application, no I coercive steps shall be taken against the petitioner for his appearance and the petitioner is permitted to file and contest the saidiapplication through his counsel. 4. Con$equently, I.A.No.l stands disposed of. Soma Sd/- T.P. Sharma Judge