ANAND KUMAR GOYAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) C .M. No. 32393 of 2008. Cr. M. is allowed. Reply filed on behalf of respondent No. 2 is taken on record. Criminal Misc. No. 40416-M of 2007. This order shall disposed of Criminal Misc. Nos. 40415-M of 2007, 40416-M of 2007 and 40417-M of 20007 all titled as Dr. Anand Kumar Goyal v. State of Haryana and another as a common question of law and facts is involved in all these petitions.

(2.) THE petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (for short the Code) for quashing of Criminal Complaint No. 461 of 2005 titled as M/s. Sumer Chand Sulekh Chand Anaj Mandi, Panipat v. M/s. Shree Anand Rice Mills and others pending in the court of Shri Hem Raj Verma, JMIC Panipat. Petitioner has also challenged summoning order dated 14.12.2005 (Annexure P-7) and subsequent proceedings arising therefrom.

(3.) THE contention of the learned counsel for the petitioner is that the complaint and the summoning order of the petitioner are liable to be quashed as in the complaint no allegation has been made that the petitioner was responsible for conduct of the business of the partnership firm. In the absence of such averment, the complaint and the summoning order and subsequent proceedings are liable to be quashed.