VINOD ZAVERI Vs. METALLICA INDUSTRIES LTD

JUDGEMENT

(1.) THIS order shall dispose of the petition filed under section 482 Cr.P.C. by the petitioners, who have been arrayed as accused nos. 3,5&6 in a complaint filed by the respondent under Section 138 read with Section 142 of the Negotiable Instruments Act. The dispute raised in the present petition is as to whether the petitioners could have been summoned as accused despite they being neither partners of the firm M/s. Steel Mac nor signatories of the cheque.

(2.) BRIEFLY stated, the facts of the case are that on 2.2.2005 an agreement was entered into between M/s. Steel Mac & M/s. Metallica Industries Ltd., respondent herein, pursuant to which a cheque was issued to the complainant-respondent under the signatures of accused no. 2, Dilip N. Shah, which cheque was later on dishonoured on presentation. On the dishonor of cheque, a notice was served upon the drawer of the cheque, the company as well as on the present petitioners. Despite service of the notice, payment was not made and thereafter, the respondent herein has filed the present complaint bearing no. 1382/1/2007.

(3.) THE petitioners filed the present petition making a specific averment that the petitioners are neither drawer of the cheque nor the partners of the firm M/s Steel Mac, on whose behalf the cheque in question was issued.