NATHTHU SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Vikrant Rana, learned counsel for applicant, learned A.G.A. for State and Sri Vibhu Rai, Advocate holding brief of Sri Anoop Trivedi, learned counsel for respondent-2.

(2.) This application under Section 482 Cr.P.C. has been filed praying for quashing of proceedings of complaint under Section 138 of The Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I.Act") in Case No.246 of 2004 pending in the Court of Judicial Magistrate, Mawana, Meerut (Rajveer Singh vs. Naththu Singh).

(3.) It is submitted that cheque in question was issued by Firm, signed by authorized signatories i.e. three partners but complaint has been made without impleading the Firm and, therefore, it was not maintainable. In this regard reliance has been placed on Supreme Court's decision in Aneeta Hada Vs. Godfather Travels and Tours Private Limited, 2012 5 SCC 661 and in Himanshu Vs B. Shivamurthy and Another, 2019 3 SCC 797.