SUNITA GARG Vs. STATE OF U P

JUDGEMENT

(1.) M. K. Mittal, J. This application has been filed by Smt. Sunita Garg wife ofrakesh Garg Frenco Formulation through proprietor Smt. Sunita Garg and Rakesh Garg for quashing the Complaint Case No. 1239/9 of 2003, New No. 5228/05, Balaji Pharmaceuticals v. Sunita Garg and others, under Sec tion 138 Negotiable Instruments Act (hereinafter referred as Act) pending in the Court of Special Judicial Magistrate, Meerut.

(2.) HEARD Sri Vijaya Prakash learned Counsel for the applicants, Sri Kuldeep Kumar Mishra learned Counsel for the opposite party and learned AGAand pe rused the material on record. The parties have exchanged counter and rejoinder-affidavits.

(3.) THE applicant No. 3 filed an application before the Court concerned alleg ing that no case was prima facie made out against him. THE perusal of the cheques revealed that they were issued by M/s Frenco Formulation bearing the stamp of proprietor. It shows that the cheques were issued by proprietorship firm and Rakesh Garg the applicant had no concern with the firm. It was also alleged that no allegation was made in the complaint that Rakesh Kumar Garg had anything to do with the day to day business of the firm or that he was incharge for that firm. In the circumstances, it was alleged that he could not have been summoned under Section 138, N. I. Act. However, the learned Magistrate rejected that application. Feeling aggrieved, the present application has been filed.