IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.02.2010 CORAM: THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.Nos. 25846 & 25848 of 2006 and M.P.Nos. 1+1 of 2006 A. Subramaniam .. Petitioner in both the petitions/Accused 2 Versus M/s.Shabbir Enterprises Rep. by its Partner H. Tahir Shop No. 2 & 3, Ezzy Complex, No. 113/2, Angappa Naicken Street, Chennai - 600 001. .. Respondent in both the petitions/Complainant Common Prayer: Petitions filed under Section 482 Cr.P.C seeking for a direction to call for the records of complaint in C.C. Nos. 6157 and 6158 of 2004 on the file of the XVII Metropolitan Magistrate, George Town, Chennai and quash the same. For Petitioner : Mr. P. Sathish For Respondent : Mr. R. Vijaya Kumar (Amicus Curiae) C O M M O N O R D E R The petitioner herein seeks to quash the proceedings pending against him in C.C. Nos. 6157 and 6158 of 2004 on the file of the XVII Metropolitan Magistrate, George Town, Chennai. In such cases, the petitioner has been arrayed as the 2nd accused in respect of offences under Sections 138 and 142 of Negotiable Instruments Act 1988. The complaints in the said cases are one alleging that a company by name M/s. Energo Masch Power Engineering & Consultancy Pvt. Ltd. owed the complainant company a sum of Rs. 8,08,903/-, towards repayment thereof issued seven cheques, three of which were presented for collection on 16.04.2004. The same were returned unpaid https://hcservices.ecourts.gov.in/hcservices/ for the reason "payment stopped by the drawer". The complainant company issued separate notice of demand in respect of each of the cheques calling upon the accused including the petitioner herein to effect payment within a period of fifteen days from the receipt of the notice. There was some ambiguity about the manner of service on the 1st accused company, all other accused, who are the Directors thereof were aware of the notice. Hence, complaints under Section 138 of Negotiable Instruments Act came to be filed. The petitioner herein has been arrayed as an accused on the allegation that he was one of the Directors of the 1st accused company and was in charge of the business thereof. 2. The contention raised by the learned counsel for the petitioner is that the petitioner had resigned from Directorship of the company on 31.03.2002 and the same has been duly intimated to the Registrar of Companies under Form No. 32. The very date of the cheques giving rise to the complaints were of the year 2004 i.e. much after the retirement of the petitioner as Director of the 1st accused company. Learned counsel submits that the matter has arisen between the same parties. On a similar stand, this Court has been pleased to quash proceedings against the petitioner under orders in Crl.O.P. No. 25749 of 2006 dated 23.12.2008. 3. Learned Amicus Curiae appearing for the respondent fairly concedes the position in law that a person, who retired from the Directorship of a company no longer can be said to be in charge of the affairs of its company or responsible for the conduct of its business subsequent thereto. 4. This Courts accepts the contention made on behalf of the petitioner and passes like order as in Crl.O.P.25749 of 2006. 5. The Criminal Original Petitions are allowed and the proceedings in C.C. Nos. 6157 and 6158 of 2004 on the file of the XVII Metropolitan Magistrate, George Town, Chennai are quashed in so far as the petitioner is concerned. Consequently, connected miscellaneous petitions are closed. 6. The State Legal Services Authority, Chennai is hereby directed to pay a remuneration of Rs.2,500/- to the Amicus Curiae Mr. R. Vijaya Kumar, who rendered assistance to this Court in disposal of the petitions. Sd/- Assistant Registrar /True Copy/ Sub Asst.Registrar ar https://hcservices.ecourts.gov.in/hcservices/ To 1 The XVII Metropolitan Magistrate, George Town, Chennai 2 Do Thro' The Chief Metropolitan Magistrate, Egmore, Chennai 3 The Secretary, State Legal Services Authority, Chennai. +1 CC to Mr.R.Kannan, Advocate Sr.9328 Crl.O.P.Nos. 25846 & 25848 of 2006 NG 24/02/2010 https://hcservices.ecourts.gov.in/hcservices/