PUSHPA ARORA Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This is a petition under Section 482 Code of Criminal Procedure for quashing of complaint No. 256 dated 05.08.2006 under Section 138 of the Negotiable Instrument Act and quashing of further proceedings in the abovesaid complaint.

(2.) The facts, as stated in the petition, are that the Petitioner is a sole proprietor of M/s Guru Kirpa Auto Sales 182, Model Town, Pathankot and deals in sale of Automobile, Truck parts and spare parts. She is paying VAT and has also a registration certificate under Punjab VAT Act 2005. She also got a registration certificate issued by the Excise and Taxation Officer, Pathankot, in which, it is certified that M/s Guru Kirpa Auto Sales having only one proprietor i.e. the present Petitioner. One another firm dealing in Auto Mobiles Sales is existing in the name of M/s New Guru Kirpa Auto Sales, Model Town, Pathankot. The said New Guru Kirpa Auto Sales is a partnership firm came into being on 23.12.2004 and is having two partners, namely, Amrik Singh son of Ujagar Singh and Jatinder Singh son of Gurcharan Singh. The same is evident from the partnership deed enclosed as P-3. The said New Guru Kirpa Auto Sales also applied for registration certificate under Punjab VAT Act 2003, which is a different firm from the firm of the Petitioner. The said firm was having some business dealing with Respondents No. 2 and 3. The proprietor of the said firm issued a cheque dated 20.05.2006 to M/s Ginam Enterprises for a sum of Rs. 1,81,600/-which was signed by both the partners of M/s New Guru Kirpa Auto Sales, whereas, the complaint was filed by Respondents No. 2 and 3 against the Petitioner under Section 138 of the Negotiable Instruments Act read with Section 420 IPC and the present Petitioner was arrayed as accused No. 4.

(3.) It is apparent from the above facts that the Petitioner has got nothing to do with the firm M/s New Guru Kirpa Auto Sales and neither the cheque has been issued by the Petitioner nor she is the partner, director, proprietor or employee of the said firm i.e. M/s New Guru Kirpa Auto Sales.