SANJAYBHAI JAMNADAS DHARSANDIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, as partner of "Ambika Builders", has challenged the proceedings under Sec. 138 of Negotiable Instruments Act, 1881 being Criminal Case No. 31803 of 2019 before the Additional Chief Judicial Magistrate Court, Vadodara under Articles 226 and 227 of the Constitution of India and under Sec. 482 of the Code of Criminal Procedure, 1973 on the grounds that M/s "Ambika Builders" is having eight partners, who had purchased land vide registered sale deed dtd. 1/2/2019 from the complainant of Criminal Case No.31809 of 2019 and one Vijaybhai Ishwarbhai Patel. Cheques were drawn by the "Ambika Builders" on the Bank a/c maintained by the firm. It was assured that undisputed possession of the land with clear title would be handed over and therefore, part payment was done. However, as a dispute arose regarding the title and possession of land, the payment of cheques was instructed to be stopped by "Ambika Builders".

(2.) Ms.Meghna A. Patel, learned advocate for the petitioner further submitted that the sale-deed so executed also discloses that the land in question was purchased by the Partnership Firm. She states that the petitioner does not agitate the fact that he is an authorized Partner of the firm. Ms. Patel submits that any proceedings under Sec. 138 of the N.I. Act keeping in view the provisions of Sec. 141 of the Act, mandates that the partnership firm has to be made a party to the proceedings. She further states that cheque was drawn by "Ambika Builders"- partnership firm and therefore the firm is a necessary party to the proceedings.

(3.) She relied on the decisions rendered in the case of Anil Vasudev Rajgor vs. State of Gujarat reported in [2017 (3) GLH 802] and in the case of Sharma Pramod Narayanprasad vs. State of Gujarat, in Criminal Revision Application No.529 of 2014 dtd. 11/4/2018.