DEEPAK GUPTA Vs. VIMLESH GOYAL

JUDGEMENT

(1.) This application under Sec. 482 of CrPC has been filed against the order dtd. 12/2/2019 passed by JMFC, Gwalior in Regular Criminal Trial No.1691/2017, by which the co-accused Ashutosh Sharma has been declared as absconding.

(2.) It is submitted by the counsel for the applicant that the respondent has filed a complaint under Sec. 138 of Negotiable Instruments Act against A.S. Tractors and the applicant as well as Ashutosh Sharma have been impleaded as accused persons being the partner of A.S. Tractors, Sabalgarh District Morena. Although the applicant has entered his appearance, but Ashutosh Sharma who is close friend of the applicant is still absconding and without following due procedure, by the impugned order the co-accused Ashutosh Sharma has been declared as absconding. It is submitted that in case, if the applicant is tried in absence of co-accused, then there is a possibility that entire civil liability may be fastened onto the applicant. It is further submitted that as per the partnership deed, the applicant is not responsible for the misdeeds of the co-accused Ashutosh Sharma.

(3.) Heard the learned counsel for the applicant. So far as the partnership deed, which has been placed on record by the applicant is concerned, the same cannot be considered in the light of the judgment passed by the Supreme Court in the case of State of Orissa Vs. Debendra Nath Padhi reported in (2005) 1 SCC 568. Partnership deed is a private document and is not a public document and thus, this Court cannot take judicial note of the same. It is for the applicant to prove the partnership deed before the Trial Court.