SANJU SINGH Vs. VISHWAS INDUSTRIAL AUTOTECH PVT. LTD.

JUDGEMENT

(1.) By way of filing the present petition, the petitioner seeks quashing of Complaint No. NACT-21992018 dtd. 22/3/2018 filed under Ss. 138141142 of the Negotiable Instruments Act, 1881 as well as summoning order dtd. 23/3/2018 passed by the learned Judicial Magistrate Ist Class, Faridabad.

(2.) The petitioner is a partner in the partnership firm namely Ms DRYCH STEELS wherein there are three partners having equal interest and share in the same. Upon a Cheque No. 036183 dtd. 25/12/2017 amounting to Rs.96,000.00 and Cheque No. 036169 dtd. 18/11/2017 amounting to Rs.4,16,000.00 having been dishonoured, the respondent- complainant filed the aforesaid complaint against the partnership firm and against Rakesh Singh, authorised signatory as well as against petitioner- Sanju Singh, who is one of the partners.

(3.) Learned counsel for the petitioner has submitted that since there are three partners having equal interest in the partnership concerned, therefore, the complainant having chosen to proceed against only one of the three partners, the complaint and entire proceedings are bad and that the complainant cannot choose to proceed against only one of the partner to the exclusion of other two.