PARTHAS TEXTILES Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicants and Sri Rajeev Kumar Singh, learned AGA for the State.

(2.) Present application under Sec. 482 Cr.P.C. has been filed for quashing the summoning order dtd. 27/7/2023 as well as non-bailable warrant dtd. 8/2/2024, including the entire criminal proceedings of Case No.563 of 2023, under Sec. 138 Negotiable Instrument Act (hereinafter will be referred to N.I. Act) and Sec. 420 IPC in Police Station- Luxa, District- Varanasi pending in the Additional Court, Varanasi.

(3.) Contention of learned counsel for the applicants is that as per the complaint itself, the cheque was issued on behalf of firm M/s Partha Textiles and the applicant No.2 is one of the partners of that firm but only the firm was impleaded as accused in the complaint. He further contended that in the complaint all the allegations were made against applicant no.1 (firm) itself, and no allegation was made against the present applicant, but the learned Magistrate issued a summons to the present applicant personally instead of issuing summons to the accused firm. It is further submitted that once the applicant no.2 was not impleaded as accused to vicariously liable him as a partner of the firm (applicant no.1), then issuance of summons against him in a personal capacity is absolutely erroneous.