ANANDHANARAYANAN Vs. K. HARISH

JUDGEMENT

(1.) This petition has been filed to quash the proceedings in STC.No.437 of 2019 on the file of the Judicial Magistrate Fast Track Court, Magisterial Level, Poonamallee, having been taken cognizance for the offences under Sec. 138 of Negotiable Instruments Act, 1881.

(2.) The learned counsel for the petitioner would submit that the petitioner is the accused in the complaint lodged by the respondent for the offences punishable under Sec. 138 of Negotiable Instruments Act. The impugned complaint is lodged by the power of attorney on behalf of the Managing Director of Amsak Cranes Private Limited. The alleged cheque was issued by the partner on behalf of Sanjey Heavy Engineering partnership firm. Admittedly, the respondent did not issue any statutory notice to the partnership firm and also failed to include the partnership firm as an accused in the complaint. When it being so, the complaint itself is not maintainable without impleading the partnership firm as an accused. The Hon'ble Supreme Court of India as well as this Court repeatedly held in a catena of judgments that the complaint is not maintainable without partnership firm being made as an accused. In this regard, the learned counsel for the petitioner relied upon the following judgments:

(3.) Heard, Mr.Adithya Varadarajan, learned counsel for the petitioner. Though notice was served on the respondent and printed the name in the cause list, no one appeared on behalf of the respondent in person or through pleader.