PATEL UVESHBHAI MOHAMMADSALIM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Sec. 482 of the Code of Criminal Procedure (for short "the Code"), the applicant seeks quashing of proceedings of old Criminal Case No.941 of 2015 (New Criminal Case No.465 of 2017) filed by the complainant pending in the Court of Chief Judicial Magistrate, Lunavada (Now at Morvah) and further proceedings arising thereof.

(2.) The brief facts of the case are as under :

(3.) Challenging the prosecution under Sec. 138 of the Negotiable Instruments Act, 1881 ("the N.I. Act ", for short) preferred against the present petitioner in capacity of partner of Honest Trading Company as Criminal Case No.941 of 2015, learned advocate Mr.Barot appearing for the petitioner submits that true purport of Sec. 141 of the N.I. Act is that besides director or partner of the firm, the firm is also required to be arraigned as accused. He would further submit that in the present case, the complainant has filed the Criminal Case under Sec. 138 of the N.I. Act for return of cheque issued by Honest Traving Company signed by its partner. He would submit that Sec. 141 demands that besides the partner who has signed the cheque, the partnership firm is also required to be joined as party accused. In the present case, the partnership firm has not been joined as party accused nor the statutory notice was issued to partnership firm. Therefore, he submits that the ratio laid down by coordinate Bench of this Court in case of Oanali Ismailji Sadikot vs. State of Gujarat - 2016 (3) GLR 1991, would squarely apply in the present case. Upon above submissions, he would submit to quash the prosecution against the present petitioner.