Anita Malhotra Vs. Apparel Export Promotion Council
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Head Note
The Code of Criminal Procedure, 1973 - Section 482 , The Negotiable Instruments Act, 1881 - Section 138 , The Indian Evidence Act, 1872 - Section 74 (2)
Document of Annual Return - Reliability - Quashing of complaint - Cheque dishonour - In reply to statutory notice , appellant informed of her resignation from Directorship in 1998 - Yet arrayed as an accused - On 20.11.1998, Company had filed a statutory Form 32 with the Registrar of Companies recording the resignation - However before High Court appellant stated Form 32 to be not available with Registrar of Companies - But a certified copy of Annual Return of the Company dt. 30.09.2023 produced - High Court holding Annual Return to be not a public document and in absence of Form 3 reliance on Annual Return to be not permissible - Justification - Petition under Section 482 dismissed. Held, from the annual return it becomes clear that w.e.f. 31.08.1998, the appellant ceased to be a Director. Though, appellant could not produce certified copy of Form 32 but copy of Form 32 was placed before High Court. On a conjoint reading of Sections 159, 163 and 610(3) of the 1956 Act read with Section 74(2) of the 1872 Act makes it clear that a certified copy of annual return is a public document and contrary view of High Court cannot be sustained.
The Code of Criminal Procedure, 1973 - Section 482 , The Negotiable Instruments Act, 1881 - Section 138
Cheque dishonoured - Statutory notice served - In reply appellant informed of her resignation from directorship long back in 1998 - Yet Respondent sought more information from her - Appellant again reiterated her resignation - Complaint filed, stating appellant and A2 to be directors of the Company, in charge of and responsible for the conduct of its business at the time of offence - Petition for quashing, dismissed - Justification. Held, in view of specific assertion of resignation from directorship in 1998, appellant could not have been arrayed as A3. Admittedly her reply to the statutory notice was suppressed. Contention that such omission at the instance of an undertaking of the Government of India has to be ignored, cannot be accepted.
The Code of Criminal Procedure, 1973 - Section 482
Quashing of complaint - Power of High Court -Documents produced by accused. Held, High Court ordinarily should not conduct a roving enquiry in respect of the accusations. However, where a document placed by accused is beyond suspicion and if considered falsify the accusations, in order to prevent injustice, High Court must look into the document even at the initial stage and grant relief to the accused.
The Indian Evidence Act, 1872 - Section 74 (2)
Companies Act, 1956 - Sections 159, 163 and 610(3) - Certified copy of annual return dated 30.09.2023 - Whether a public document - Held - Yes.
The Negotiable Instruments Act, 1881 - Section 138
Complaint under - Accusations against directors of company - Mere bald and cursory statement against appellant in complaint - Her role in day to day affairs of the Company, not mentioned. Held, a complaint should specify how and in what manner the accused-director was in charge of or was responsible to the accused Company for conduct of its business.
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