V K JAIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri R.P. Dwivedi, learned Counsel for the applicant and Sri G.S. Chaturvedi, Senior Counsel for opposite party No. 2.

(2.) THE applicant has sought quashing of criminal proceedings under sec tion 138 read with section 142 of the Negotiable Instruments Act pending as complaint Case No. 14 of 2000 Sri Ram Piston and Rings Ltd. v. M/s. Yamuna Diesel and Electricals, Agra.

(3.) IN this view of the matter the applicant cannot be prosecuted under section 138 of the Negotiable Instruments Act and the prosecution against him in the aforesaid case is quashed. However, the learned Counsel for opposite party No. 2 contends that so far as the firm is concerned, it can al- ways be prosecuted in view of section 141 of Negotiable Instruments Act, which permits the prosecution of the company, although the company can only be awarded a fine and there cannot be a sentence of imprisonment against it. As in this case, only the applicant V.K. Jain is seeking quashing of the criminal complaint against him, it will be open for the complainant to raise his contentions about the maintainability of the prosecution of the firm before the Trial Court.