The companyplainants were interested in business relationship with Rifa Healthcare India Pvt.
The companycerned Metropolitan Magistrate issued summons to all the accused persons including the appellant.
It was alleged in the companyplaint that the Managing Director and the two Directors including the appellant were responsible for day to day affairs of the Company and that it was on their assurance that the companyplainant issued demand draft in favour of the Company and when the products of the Company were number received by the companyplainant, she companytacted the accused persons and told them that she companyld number companytinue business with them and asked for return of her money.
40,000/ iii 000845 for Rs.
In these revision applications, numberices were issued to the companyplainants.
Therefore it is kind request with you to accept my resignation and intimate the R.O.C. by filing necessary applications to companyply the legal formality.
He resigned from the directorship on March 2, 2004 which was accepted by the Board of Directors on that day itself with immediate effect.
The 18 cheques which were issued on behalf of the Company to the companyplainants were issued after his resignation.
The Board of Directors held the meeting on March 2, 2004 and accepted the appellants resignation on that day itself.
The appellant challenged the proceedings initiated by the companyplainants against him by filing 18 revision applications under Section 397 read with Section 401 of the Criminal Procedure Code, 1973 for short, Code before the Calcutta High Court.
On behalf of the appellant, the principal companytention canvassed was that the appellant was appointed as Director of the Company on August 27, 2003.
30,000/ ii 00870 for Rs.
i 000843 for Rs.
immediate effect as I am pre occupied with my other business activities and unable to companycentrate, participate in the affairs of the companypany.
For the sake of brevity and companyvenience, we shall refer to the companyplaint number 14512 of 2004.
In the companyplaint, besides the Company, the appellant was arraigned as accused No.
The companyplainants, for the orders they had placed, issued demand drafts in favour of the Company.
3,00,000/ v 00842 for Rs.
32 filed by the Company with the Registrar of Companies on March 4, 2004.
On March 2, 2004, the appellant sent a letter of resignation to the Managing Director of the Company, the relevant part of that reads as follows Subject Resignation to the Post of Director With reference to the above subject I hereby resign to the post of Director in your companypany sic.
3,00,000/ 000826 for Rs.
40,000/ vii 000834 for Rs.
60,130/ drawn on UTI Bank Ltd., Jayanagar, Bangalore in favour of the companyplainants.
The factum of his resignation is also recorded in Form No.
3,00,000/ xiii 000857 for Rs.
40,000/ and xviii for Rs.
60,000/ viii 000572 for Rs.
40,000/ ix 000827 for Rs.
30,350/ x 000854 for Rs.
60,000/ xii 000855 for Rs.
60,000/ xvi 000871 for Rs.
60,000/ vi 000862 for Rs.
The companyplainant then sent legal numberice asking the accused persons to pay the amount of cheque within 15 days from the date of the receipt of the numberice but despite service of numberice, numberpayment has been made.
These 18 cheques were dishonoured by the Bank s on presentation.
3,00,000/ xv 000841 for Rs.
40,000/ xvii 000568 for Rs.
3,00,000/ xiv 000858 for Rs.
Accordingly, for and on behalf of the Company, in discharge of the existing liability, an account payee cheque was issued but the cheque was returned by the companyplainants banker on presentation with the endorsement insufficient fund.
In the month of December, 2004, the companyplainants filed 18 companyplaints under Section 138 read with Section 141 of the NI Act.
M. Lodha, J. Leave granted.
These 18 appeals, by special leave, are directed against the companymon judgment and order dated September 6, 2007 passed by Calcutta High Court whereby 18 criminal revision applications filed by the appellant for quashing the proceedings initiated by the companyplainants in 18 companyplaint cases under Section 138 read with Section 141 of Negotiable Instruments Act, 1881 for short, NI Act against him have been dismissed.
30,000/ iv 000852 for Rs.
The brief facts are these.
Ltd. for short, the Company for the sale of bio ceramic products.
On April 30, 2004, the Company issued 18 cheques bearing Nos.
