SONALI VERMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Both applications have been filed seeking quashing of the entire proceedings of Criminal Complaint Case Nos.925 of 2022 and 926 of 2022, M/s Kalpana Industries Vs. M/s K.D. Overseas and others, under Sec. 138 of Negotiable Instrument Act, 1881 (for short 'the Act, 1881') as well as the summoning orders dtd. 1/6/2022 passed by the Additional Chief Judicial Magistrate-I, Unnao.

(2.) Since the common question of facts and law are involved in both the applications, therefore, they are being heard and decided by a common judgement.

(3.) Brief facts of the case, in nut shell, are that applicants had entered into a partnership deed dtd. 1/5/2016 for carrying on business under the name and style of 'M/s K.D. Overseas' situated at Neelu Kheri, District Karnal, Haryana. The object of the partnership was to engage in the business of growing, cultivating, producing, manufacturing, trading, processing, purifying, renting, purchasing, selling, blending, importing, exporting, rendering marketable and transportable (whether in bulk, packed or concentrated form) various agricultural and allied products, including rice, wheat, gram, maize, other grains and cereals, pulses, spices, oils, oil seeds, flour, besan, daliya, maida, suji and related commodities. The applicants are sleeping partners of the partnership firm M/s K.D. Overseas having no role whatsoever in its management of day-to-day affairs. Both the applicants being ladies, engaged primarily in domestic and personal responsibilities, mutually resolved to appoint Mr. Sahil Verma, who is the husband of applicant no.1 and son of applicant no.2 to manage and take charge of daily business and operational affairs of the firm including execution of sale deeds, transfer deeds, lease deeds and other related documents, as well as to conduct all banking and financial transactions on behalf of the firm. Accordingly, the applicants executed a registered power of attorney bearing Certificate No.M0292017111, G.R.N. No.30696682 dtd. 29/9/2017 in favour of Mr. Sahil Verma, thereby authorising him to take charge and exercise all necessary powers for the smooth conduct and management of the firm's day-to-day affairs.