ARUN BANSAL Vs. RAJESHWARI JOSHI

JUDGEMENT

(1.) BY way of present application/petition, moved under Section 482 of Cr.P.C., the applicant seeks to quash the order dated 07.07.2008 as well as the proceedings of criminal case No. 793 of 2008, Smt. Rajeshwari Joshi vs. Arun Bansal, under Section 138 of the Negotiable Instruments Act, pending in the court of Special Judicial Magistrate I, Dehradun.

(2.) A criminal complaint case was filed by the respondent against the applicant under Section 138 of the Negotiable Instruments Act, 1881 in the Court of Special Judicial Magistrate I, Dehradun. On the basis of statements under Sections 200, 202 of Cr.P.C. and the documents, learned Special Judicial Magistrate summoned the accused to face the trial in respect of offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act' for brevity), vide order dated 07.07.2008. Aggrieved against the said order, present application under Section 482 of Cr.P.C. was moved by the applicant.

(3.) FROM a perusal of the cheque it is clear that the cheque was issued by the applicant in the capacity of partner of a firm. As said above, the other partner was also a signatory to the cheque, but neither the other partner, nor the firm was arrayed as accused by the complainant. Section 141 of the Act provides for offences by companies. Sub -Section (1) of Section 141 is being reproduced here -in -below for convenience: