SHAILENDRA Vs. PRADEEP BANSAL

JUDGEMENT

(1.) The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure seeking to quash the proceedings of Criminal Case No.580/2011 pending before the Court of Judicial Magistrate, First Class, Neemuch for discharging the petitioner from all the charges.

(2.) Admittedly, Respondent No.1 - Pradeep Bansal has filed a complaint before the Judicial Magistrate, First Class, Neemuch under Section 138 of the Negotiable Instruments Act [in brief "the NI Act"] alleging that he is Proprietor of a firm called Shri Jwala Enterprises who had supplied steel pipes and channels to the firm M/s Icon Fertilizer and Chemicals, Neemuch. In the complaint, it is alleged that a cheque for an amount of Rs.7,42,051-00 was handed over to Respondent No.1 and this cheque was dishonoured when presented for payment through the banak of the complainant. The petitioner Shailendra Goyal submits that he has been arrayed as an accused in the complaint alleging that he is one of the partners of the firm M/s Icon Fertilizers and Chemicals. The petitioner submits that he had not drawn the cheque and could not be implicated in the case with the aid of Section 141 of the NI Act in view of the law laid down by Hon'ble Apex Court in the case of M/s Standard Chartered Bank v/s State of Maharashtra, 2016 6 SCC 62. The cheque neither has been issued by the petitioner not it bears the signatures of the petitioner. The petitioner filed revision application against the order of dismissal of application for discharge. He submits that the Courts below have failed to appreciate that the complaint against the petitioner was not maintainable also on the ground that it has not been presented by proper person and there is defect of non joinder of essential parties. On these grounds the relief for quashment of proceedings against him has been sought.

(3.) No written reply to this petition has been filed by the Respondent No.1 and oral submissions were made.