MANISH Vs. K.G. SHARMA

JUDGEMENT

(1.) This common order shall govern the disposal of M.Cr.C. Nos. 5169/2014 and 5166/2014. These applications under Section 482 of Cr.P.C. are filed for quashment of proceedings arising out of Complaint Case Nos. 29218/2010 and 17960/2010 pending before the learned JMFC, Indore and also for setting aside of the order passed by learned 3rd Additional Sessions Judge, Indore in Criminal Revision Nos. 118/2014 and 117/2014 respectively, dated 27-1-2014.

(2.) The facts relevant for disposal of these applications are that the respondent filed a complaint under Section 138 of Negotiable Instruments Act against the present applicant as well as his brother Aman Verma for dishonour of three cheques allegedly issued by partnership firm, of which, it was alleged that the present applicant as well as his brother Aman Verma were the partners. According to the averments made in the complaint, three cheques were issued totalling Rs. 7,50,000.

(3.) These applications involve a short question, whether present applicant-Manish Verma can be made an accused in the complaint, when the cheques were signed by his brother Aman Verma on behalf of Aman Jeweler as proprietor of the concern.