Ratan Lal Garera And Ors. vs State (N.C.T. Of Delhi) And Ors.
2006 Latest Caselaw 2121 Del

JUDGMENT

A.K. Sikri, J.

1. The issue involved in these petitions is whether after the winding up of the Company, can a complaint under Section 138 of the Negotiable Instruments Act, be filed.

2. As per the allegations in the complaints, the accused Company i.e. M/s H-Lon Hosiery Ltd. of which the petitioner was the Chairman, had approached for lease financing of vehicle on monthly rental basis for their company and the respondent No. 2, who is the complainant before the learned Trial Court, entered into lease agreement for the lease of one Maruti Esteem costing Rs. 4,46,687/- and six Maruti 800 costing Rs. 2,17,407/- each. It is further alleged by the respondent No. 2 that the accused company i.e. M/s H-Lon Hosiery Ltd., had issued the 60 post dated cheques and assured the complainant that the said cheques will be duly honoured on presentation. Further, the complainant states that the cheque bearing No. 231503 dated 1.12.1999 for a sum of Rs. 52,274/- was presented to the bank for collection but the same was returned with the remark "official liquidator appointed by Court" vide drawer's Bank Memo dated 4.12.1999 through an Advocate to the accused company i.e. M/s H-Lon Hosiery Ltd. It is alleged by the complainant that after receiving the notice, the accused company failed to make the payment to the complainant. On this complaint, summoning orders have been passed by the learned Magistrate and challenging those orders, present petitions are filed n the ground that since winding up orders have already been passed and the Official Liquidator appointed, as on the date when the cheque was presented and it was dishonured, the case would not fall within the parameters of Section 138 of the Act.

3. The identical issue on same facts came up for consideration in the case of M.L Gupta and Anr. v. Ceat Financial Services Ltd. 136 (2007) D.L.T. 308 : Crl. M.C. No. 2595 of 2004, and by a judgment of even date, it is held that complaint will not be maintainable against the Directors of the Company in respect of cheques presented and dishonuored after winding up orders have been passed. For the reasons stated in detail therein, these petitions are allowed and summoning orders set aside. The complaints would, thus, warrant dismissal and the same are ordered to be dismissed. Let a copy of the judgment passed in the said case be kept in the files of these cases as well.