NARUTTAM BAIHARWANI Vs. STATE OF U P

JUDGEMENT

(1.) M. K. Mittal, J. The application has been filed for quashing the proceedings in Criminal Complaintcase No. 1372of 2003, Sunil Chawlav. Naruttam Baiharwani and another under Section 138 of Negotiable Instruments Act (herein after referred as Act) pending in the Court of Judicial Magistrate, Aligarh.

(2.) HEARD Sri Dharmendra Singhal learned Counsel for the applicants and learned AGA. No one appeared for opposite party No. 2 inspite of sufficient ser vice.

(3.) LEARNED Counsel for the applicants has contended that according to the allegations as made by the complainant the loan was taken for the business purpose and the cheque in question (Copy Annexure-1) also shows that it has been signed by Nirmal Baiharwani as Proprietor/manager of the firm and there fore, the complainant should have impleaded the firm also as party and in ab sence of the firm the complaint is not maintainable and is liable to be quashed. LEARNED Counsel for the applicants has also contended that the complainant has not alleged in the complaint that the applicants were concerned with day-to-day business of the firm and on this ground also the complaint is liable to be quashed. Against it the learned AGA has contended that if the firm has not been impleaded as party the complaint cannot be dismissed and the case can proceed against the accused persons. He also contended that the applicants are Proprietors and Managers of the firm and are concerned with day-to-day business and the arguments as raised by the learned Counsel for the applicants are not tenable.