LALIT JAIN Vs. STATE

JUDGEMENT

(1.) Petitioner seeks quashing of the summoning order dated 17th February, 2005 passed by the learned Metropolitan Magistrate, Rohini and the Complaint Case Number 06/2001 titled Shri Piara Singh v. Nokia Hot Press and Ors., qua the petitioners.

(2.) Respondent No. 2 has been served but has not put in appearance.

(3.) Short question involved in this case is as to whether the petitioner being partners of the firm are vicariously liable for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short hereinafter referred to as N.I. Act) with regard to cheques, issued by one of the partner in his individual capacity from his personal account.