Mohan Lal Sharma S/O Shri Shriram Sharma vs Ashok Vardhan Singh S/O Shri Umraov … on 14 July, 2026

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    Rajasthan High Court – Jaipur

    Mohan Lal Sharma S/O Shri Shriram Sharma vs Ashok Vardhan Singh S/O Shri Umraov … on 14 July, 2026

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR
    
    
           S.B. Criminal Miscellaneous (Petition) No.7077/2021
                        URN: CRLMP / 13083U / 2021
    
    Mohan Lal Sharma S/o Shri Shriram Sharma, Aged About 74
    Years, Ex-Principal St. Soldier Senior Secondary School, Nainwa,
    R/o Ward No. 3, Rajghat, Nainwa, District Bundi, At Present
    Resident Of Bhagwati Chouk, Govindgarh, Alwar, Rajasthan.
    
    
                                                                       ----Petitioner
                                       Versus
    
    
    1.     Ashok Vardhan Singh S/o Shri Umraov Singh, R/o Ward
           No. 8, Nainwa, Police Station Nainwa, District Bundi,
           Rajasthan.
    2.     St. Soldier Senior Secondary School, Through Its Principal
           Smt. Priyanka Sharma W/o Shri Deepak Sharma, Ward
           No. 18, Nainwa, District Bundi.
    3.     Rajveer Sualika, Director St. Soldier Senior Secondary
           School, Nainwa, Behind Panchayat Samiti Nainwa, Ward
           No. 16, Nainwa, Bundi (Raj).
                                                                    ----Respondents
    For Petitioner(s)        :     Mr. S.S. Hora with
                                   Mr. Tara Chand Sharma and
                                   Mr. Himanshu Agarwal
    For Respondent(s)        :     Mr. Sandeep Sharma
                                   Mr. Harshit Parashar for
                                   Mr. Anupam Sharma
    
    
    
                    JUSTICE ANOOP KUMAR DHAND
    
                                        Order
    
    
    14/07/2026
    
    

    1. The instant criminal misc. petition has been preferred

    challenging the validity of the order dated 01.09.2017 passed by

    SPONSORED

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    the Court of the Additional Chief Judicial Magistrate, Nainwa,

    District Bundi in complaint case No.620/2017, by which

    cognizance has been taken against the petitioner under Section

    138 of the Negotiable Instruments Act.

    2. Counsel for the petitioner submits that the petitioner was

    posted as the Principal in St. Soldier Senior Secondary School at

    Nainwa, District Bundi and while in service, he issued a cheque in

    favour of the complainant, but he resigned from the said post on

    24.03.2017. Counsel submits that the aforesaid cheque dated

    28.04.2017 was given as security and the same was misused by

    the complainant by presenting it before the bank on 10.05.2017.

    The said cheque was dishonoured with remarks ‘funds insufficient’

    on the same day i.e., on 10.05.2017. Counsel submits that it was

    admitted by the complainant also in the complaint itself that the

    petitioner resigned from the post of the Principal before the

    complaint was filed. Counsel submits that no cognizance has been

    taken against the Director or other officials responsible for the

    affairs of the School and cognizance has been taken only against

    the petitioner, who has no concern whatsoever with the affairs of

    the School, after his resignation from the post of Principal of the

    School. Counsel further submits that the petitioner has no

    vicarious liability, rather the liability lies upon the School, if at all

    any amount was borrowed by the School from the complainant.

    3. In support of his submissions, counsel has placed reliance

    upon the judgment passed by the Hon’ble Apex Court in the case

    of Aneeta Hada vs. Godfather Travels and Tours Pvt. Ltd.

    reported in 2012 (5) SCC 661 and upon the judgment passed by

    the Madras High Court in the case of K. Sundari vs. C.A.R.P.

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    Mari while deciding Crl. O.P. (MD) Nos.1293/2021 vide order

    dated 27.11.2024.

    4. Counsel submits that under these circumstances, the

    impugned proceedings amounts to abuse of due process of law

    and the same is liable to be quashed and set-aside.

    5. Per contra, learned counsel appearing on behalf of the

    complainant opposed the prayer and submitted that the cheque in

    question was signed by the petitioner and when the same was

    presented before the Bank by the complainant, it got dishonoured

    with the remarks ‘funds insufficient’, hence, under these

    circumstances, the petitioner has committed an offence under

    Section 138 of the Negotiable Instruments Act and the cognizance

    has rightly been taken against him, hence, interference of this

    Court is not warranted.

    6. Heard and considered the submissions made at the Bar and

    perused the material available on the record.

    7. Perusal of the record indicates that a complaint under

    Section 138 of the Negotiable Instruments Act was submitted by

    the complainant against the petitioner as well as against the

    school i.e., St. Soldier Senior Secondary School through the

    Principal Priyanka Sharma and against the Director of the said

    School Mr. Rajveer Sualika. This fact has been admitted in the

    complaint by the complainant that the petitioner had resigned

    from the post of Principal of School, however, in the capacity of

    being the Ex-Principal of the School, he has been

    impleaded/arrayed as an accused in the cause title of the

    complaint. The documents available on the record indicate that

    the petitioner has already resigned from the post of the Principal

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    on 24.03.2017, while the said cheque bears the date of

    28.04.2017. Thus, it is emphatically clear that the petitioner was

    not discharging his duties as the Principal of the said School, at

    the relevant time and date when the cheque was presented before

    the Bank by the complainant, which was ultimately dishonoured.

    8. It is quite shocking and surprising that no cognizance has

    been taken against the management of the School or Director of

    the School, rather cognizance has been taken only against the

    petitioner, who has already resigned from the post of Principal of

    the said School.

    9. The Hon’ble Apex Court in the following cases, has held that

    once the signatory of the cheque has resigned, he is not at all

    responsible for the affairs of the company/organization.

    In Adhiraj Singh vs. Yograj Singh and Ors. reported in

    2024 SCC OnLine SC 5558, it has been held in para 7 as under:

    “7. Having considered the submission made by learned
    counsel for the parties, we find that in the present case
    on the date of issuance of the cheques, the appellant
    had already resigned. The fact regarding resignation is
    not in dispute. It is also not in dispute that the cheques
    issued by the Company were signed by another
    competent person on behalf of the Company. Once the
    facts are plain and clear that when the cheques were
    issued by the Company, the appellant had already
    resigned and was not a director in the Company and
    was not connected with the company, he cannot be held
    responsible for the affairs of the Company in view of the
    provisions as contained in Section 141 of the NI Act.”

    In the case Anita Malhotra vs. Apparel Export

    Promotion Council and Ors. reported in 2012 (1) SCC 520, it

    has been held in para 16 as under:

    “16. Inasmuch as the certified copy of the annual
    return dated 30.09.1999 is a public document, more
    particularly, in view of the provisions of the Companies

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    Act, 1956 read with Section 74(2) of the Indian
    Evidence Ac,t 1872, we hold that the Appellant has
    validly resigned from the Directorship of the Company
    even in the year 1998 and she cannot be held
    responsible for the dishonor of the cheques issued in
    the year 2004.”

    10. Even the Madras High Court in the case of K. Sundari

    (supra) has taken a view that the criminal trial would not proceed

    against the authorized signatory of the cheuqe, who has resigned

    from the post, when the complaint was filed.

    11. Criminal prosecution of any person is a serious matter as it

    affects the liberty of that person. No greater damage can be done

    to the reputation of a person than dragging him in a criminal case.

    In the instant case, the petitioner has resigned from the post

    of the Principal on 24.03.2017 and the cheque in question bears

    the signatures of the petitioner, alleged to be issued after the date

    of his resignation. The petitioner cannot be held responsible for

    the affairs of the School after his resignation. It is worthy to

    mention that his relationship of employee with the employer-

    School has come to an end after his resignation.

    12. Considering the overall facts and circumstances of the case,

    in the considered opinion of this Court, the petitioner is neither

    liable nor responsible for the cheque in question issued, if any,

    under his signatures, after his resignation from the post of

    Principal of the School.

    13. On this count alone, the order impugned is not sustainable

    and is liable to be and is hereby quashed and set-aside.

    14. Accordingly, the instant criminal misc. petition stands

    allowed. The stay application and all pending applications, if any,

    stand disposed of.

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    15. It goes without saying that the complainant would be at

    liberty to proceed against the real culprits, who are responsible for

    the offence.

    (ANOOP KUMAR DHAND),J

    KuD/53

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