IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 423 of 2010 (O&M) Date of Decision: December 06, 2010 Varun Gupta .....Petitioner Versus Ms. Anita Misra ......Respondent CORAM : HON'BLE MR. JUSTICE M.M.S. Bedi Present: Mr. Jagdish Manchanda, Advocate for the petitioner. M.M.S Bedi, J. The petitioner has been summoned to face criminal proceedings under Section 138 of Negotiable of Instruments Act, 1881 (for short 'the Act). The petitioner is neither signatory of the cheque nor he is Director of the firm M/s Saksham Capital Pvt. Ltd on behalf of which firm, the alleged cheque was issued. The summoning Court has not taken into consideration the fact whether the petitioner is incharge and responsible for day to day affair of the Company. It is admitted that Mr.R.K. Gupta, being Director of the said Company has been appearing in the Criminal Proceedings and he has signed the cheque on behalf of the accused-company. The proceedings against the petitioner are thus illegal and abuse of process of law and, thus, the criminal proceedings against the petitioner are quashed being non maintainable. Disposed of. However, it is made clear that the proceedings against the other accused will continue in accordance with law. (M.M.S Bedi) December 06, 2010 JUDGE G.Arora