V.V. ENTERPRISES Vs. BANSAL INDUSTRIES

JUDGEMENT

(1.) CRL . Misc. 18985 of 2007 Dismissed. Crl. Misc. No. 4654-M of 2006 M/s V.V. Enterprises, 576, Industrial Area, Phase II, Chandigarh, has preferred this petition under Section 482 Cr.P.C. through Vinay Kumar Saxena son of J.P. Saxena and by Vinay Saxena in his individual capacity for quashing the complaint dated 18.10.2003 (Annexure P-6) and summoning order dated 12.12.2003 (Annexure P-7), passed in the aforesaid complaint filed under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the Act'), on the allegations that the petitioners have nothing to do with the affairs of the firm and has not issued the cheque in question. The complaint in question is an abuse of process of the Court and continuation of the proceedings against him will amount to misuse of the process of law. It is not disclosed as to how the petitioner Vinay Kumar Saxena is in charge and responsible for the affairs of the firm. It was Vijay Kumar who issued the cheque and he is looking after the affairs of the firm and was responsible for the same.

(2.) REPLY to this petition has been filed by the respondent wherein it was contended that the evidence of the complainant has already started and out of 9 witnesses, 2 witnesses have already been examined. The Court at this stage is not required to go into the veracity, truthfulness or falsity of the witnesses. The petitioners have not come to the Court with clean hands. The petitioner No. 2 and his co-accused Vijay Kumar has misused the concession of bail granted by the trial Court. As a matter of fact, the partnership deed executed on 2.4.2002 between the petitioner and his co-accused clearly indicates that both the partners shall be entitled and liable to profit and loss in equal shares. Huge amount of Rs. 86455/- is involved in the case and both Vijay Kumar and Vinay Kumar being the partners of the firm are equally responsible for the act of the firm and vicariously liable, therefore, he prayed for the dismissal of the petition.

(3.) SECTION 141 of the Act govern the responsibility of the person for the offence committed by him, which reads as under :-