METAL AIDS Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) A criminal complaint case under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and Section 420 of IPC was filed by the complainant (appellant herein) against the accused persons (respondent nos. 2 and 3 herein) in the court of Addl. Chief Judicial Magistrate, Haridwar. After recording statements under Sections 200 and 202 of Cr.P.C., accused persons were summoned to face the trial for the selfsame offences. Respondent no. 2 appeared before the trial court. His statement was recorded. PW1 Mam Chand was examined under Section 244 of Cr.P.C. Statement of the accused was recorded. Thereafter, PW1 Mam Chand was again examined under Section 246 of Cr.P.C. Statement of the accused under Section 313 of Cr.P.C. was recorded. After hearing the arguments of learned counsel for the parties, learned trial court dismissed the complaint as 'not maintainable', vide judgment and order dated 04.05.2006. Aggrieved against the same, present criminal appeal was filed by the complainant (appellant herein).

(2.) A perusal of the impugned judgment and order will indicate that complaint under Section 138 of the Act was dismissed by the trial court, primarily, on the following grounds:

(3.) SECTION 69 of the Indian Partnership Act, 1932, reads as under: