PARESHBHAI ASHWINKUMAR MITTAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. Chetan K. Pandya for the applicant, learned APP Ms. M.D. Mehta for the respondent - State and learned Advocate Mr. Dharmesh V. Shah for the respondent No.2-original complainant.

(2.) By way of this application the applicant challenges the criminal complaint being Criminal Case No. 3784 of 2013, pending before the learned Chief Judicial Magistrate, Ahmedabad (Rural) filed by the respondent No.2 under Section 138 of the Negotiable Instruments Act, 1881 (for short "the NI Act'), on the ground that the cheque in question had been issued by the applicant in his capacity as partner of a partnership firm and since the partnership firm had not been joined as an accused, therefore the complaint would not be maintainable against the applicant in his individual capacity. The applicant contending that the learned Magistrate could not have taken cognizance of the offence without the partnership firm being impleaded as an accused.

(3.) Facts in brief can be enumerated as under :