K N SHAMSUDDIN Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 of the code of Criminal Procedure 1973 ("crpc?)seeks the quashing of Complaint Case No. 62/1 of 2002 titled M/s. Gravs Appliances pvt. Ltd. v. M/s. Metro Plus and Others pending in the court of the learned Metropolitan magistrate ("mm?) Delhi under Section 138 of the Negotiable Instruments Act 1881 ("ni act?) in so far as the Petitioner is concerned.

(2.) THE aforementioned complaint was filed in respect of dishonour of a cheque dated 22nd january 2002 in the sum of Rs. 1,87,781/-drawn in favour of Gravs Appliances Pvt. Ltd. (complainant) by M/s Metro Plus, a partnership firm. The firm was arrayed as accused No. 1, Mr. K. N. Abdul Gafoor described as partner arrayed as accused No. 2 and the Petitioner here K. N. Shamshuddin described as a partner of the said firm arrayed as accused No. 3.

(3.) THE relevant averment in respect of the petitioner is contained in para 3 which read as under: "3. That, the accused no. 1 is a partnership firm and having its showroom at M. G. Road, Near Padma earnakulam, Cochin. The accused Nos. 2 and 3 are the partners of the accused firm and are responsible for all sort of business affairs of the accused No. 1. "