RAVINDER KUMAR JAIN Vs. OM SYNDICATE KNITTING

JUDGEMENT

(1.) This judgment shall dispose of Criminal Misc. No. M 29483 of 2008 as well as Criminal Misc. No. M 29507 of 2008 filed by Ravinder Kumar Jain for quashing the order dated 13.6.2008 Annexure P-1 passed by the learned Judicial Magistrate Ist Class, Faridabad vide which he alongwith respondents No. 2 to 4 has been summoned to face trial under Section 138 of the Negotiable Instruments Act, 1881 (for brevity the Act) and for quashing the complaint dated 13.6.2008 Annexure P-2 in both the cases.

(2.) As averred in Criminal Misc. No. M 29483 of 2008, the petitioner is neither a partner in M/s Adi Nath Exports respondent No. 2 nor cheque No. 185304 dated 15.3.2008 for Rs. 1,00,000/-, cheque No. 185305 dated 22.3.2008 for Rs. 1,00,000/-, cheque No. 144743 dated 12.5.2008 for Rs. 3,00,000/- drawn on Punjab National Bank, Krishan Nagar, Delhi 110051 in the name of the complainant towards part payment has been issued by him. In fact, he is an alien to the affairs of respondent No. 2. As per the partnership deed, he is not even a partner in the company. He was only a witness to the partnership deed dated 10.7.2006.

(3.) In Criminal Misc. No. 29507 M of 2008 it has been averred that the petitioner is neither a partner in M/s Shri Adi Nath Exports respondent No. 2 nor the cheque No. 144744 dated 13.5.2008 for Rs. 2,1 1,705 drawn on Punjab National Bank, Krishan Nagar Delhi 110051 in the name of the complainant towards part payment has been issued by him. As per the partnership deed he is not even a partner in the company. He was only a witness to the partnership deed dated 10.7.2006.