Cr.Misc. M 15693 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYNA AT CHANDIGARH. Cr.Misc. M 15693 of 2009 Date of decision: 18.3.2010 Meena Sharma Petitioner vs. Punjab State Industrial Development Corporation Limited Respondent Present: Mr. Deepak Aggarwal, Advocate. Mr. VM Gupta, Advocate. M.M.S.BEDI,J. This petition has been filed for quashing of complaint u/s 138 of the Negotiable Instruments Act ( for short 'the Act') and summoning order dated 24.5.2004 (Annexure P-4). It is an admitted fact that the petitioner is not the signatory of the disputed cheque. Besides this, she was a co-Director with her husband Sanjee Sharma but claims that she has resigned. Learned counsel for the respondent has submitted that according to agreement with the complainant, as per para No. 7.16 of the terms of the loan agreement dated 24.5.2000, the petitioner could not have resigned from her office without the prior consent of the respondent, being the lenders. After hearing learned counsel for the parties, I am of the opinion that the respondent has got its remedy, available to it for violation of para 7.16 of the loan agreement, in accordance with law but so far as the proceedings u/s 138 of the Act are concerned, the signatory of the Cr.Misc. M 15693 of 2009 2 cheque, holding the post of Director can be held criminally liable for the cheque, which was dishonoured on presentation but the proceedings against the petitioner apparently are an abuse of the process of the court. The petition is allowed, the complaint u/s 138 of the Act and the summoning order dated 24.5.2004 (Annexure P-4) are hereby quashed. The trial court will continue the proceedings against Sanjeev Sharma and the company also, in accordance with law. The trial court will dispose of the complaint u/s 138 of the Act within a period of 9 months after the receipt of a certified copy of the order. March 18 ,2010 ( M.M.S.BEDI ) TSM JUDGE