BHUPENDRA SURYAWANSHI Vs. SAI TRADERS

JUDGEMENT

(1.) This petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved by the order dated 20.05.2019 in case No. SC NIA 158/2018 passed by learned JMFC Narsinghpur whereby the learned JMFC has framed the charge under Section 138 N.I. Act against the petitioner.

(2.) According to case, respondent is a trade firm and filed a complaint through its proprietor against the petitioner who is the chairman of company namely 'Well Built Industry India Ltd., Kalyan Pura, Ashta, District-Sehore'. It is mentioned in the complaint that on account of business relation between the parties, the petitioner borrowed money of Rs. 2,00,000/- from the respondent on 14.08.2016. He assured the respondent to return the same within a period of four months. But, after expiry of stipulated period, when the respondent demanded his money, the petitioner started procrastinating and after insisting, the petitioner has given a cheque No. 000051 dated 25.11.2017 amounting to Rs. 2,00,000/- to the respondent. On 18.01.2018, when the respondent submitted the said cheque before the bank, same was dishonoured due to "stop payment"? by the petitioner. Thereafter, the respondent sent a legal notice to the petitioner, even then he did not make payment, hence, the respondent filed a complaint before JMFC, Narsinghpur.

(3.) Learned counsel for the petitioner submits that according to complaint, the respondent has given the amount in question to the petitioner for business purpose and the petitioner has given the said cheque under the capacity of chairman of company namely 'Well Built Industry India Ltd.' but the respondent has not impleaded the company as a party in the complaint case. The respondent/complainant also failed to specify the role of present petitioner on behalf of the company. Hence, in view of the provision of Section 141 N.I. Act, the proceedings under Section 138 N.I. Act are bad in law and deserves to be quashed. With the aforesaid, he prays to allow this petition. In support of his contention, he has relied on the order passed by this Court in M.Cr. C No. 50567/2018 (Brij Mohan Sharma Vs. M/s Sanfield (India) Ltd. Dated 05.02.2019.