VISHAL GANDHI Vs. SYMBIOSIS PHARMACEUTICALS

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 of Cr.P.C. for quashing the order passed by learned JMFC, Nahan in Case No. 33 of 2020 titled M/s Symbiosis Pharmaceuticals versus M/s Dharam Healthcare. The complainant filed a complaint before the learned JMFC asserting that the complainant is a proprietorship firm dealing in the manufacturing of drugs under the name and style of M/s Symbiosis Pharmaceuticals Private Limited at Kala Amb, District Sirmaur. The accused used to purchase the drugs from the complainant. The accused issued three cheques drawn on State Bank of India in favour of the complainant. The accused no. 2 had issued the cheques being the Director of the Company with the assurance that the cheques would be encashed on presentation. The accused no.1 is also a Director of the Company and is In-charge of and is responsible for the conduct of the business of the company. The complainant presented the cheques but the cheques were returned with the remarks 'Funds Insufficient'. The complainant requested the accused to make the payment but no payment was made; hence, the complainant served three legal notices on 30/11/2019, upon all the accused but no reply was sent. Hence, a complaint was filed before the learned Trial Court to take action as per the law.

(2.) The Learned Trial Court found sufficient reasons to proceed against the accused and ordered the issuance of the summons on 14/1/2020.

(3.) Being aggrieved from the order passed by learned JMFC, Nahan, the present petition has been filed. It has been asserted that the order is based upon surmises and conjectures. The learned JMFC, Nahan had not applied its mind. The complaint on behalf of the company can be filed by the Managing Director/Director of the Company, whereas, the authorization is in the name of Sheetal Sharma. The authorisation does not show him to be the Director of the Company. The complainant claims to be a proprietorship concern and cannot have any Director. Three separate notices were sent and a joint complaint was filed, which is not permissible. The cheques do not bear the signatures of the petitioner and the learned Trial Court erred in summoning him. Therefore, it was prayed that the present petition be allowed and the order passed by learned JMFC, Nahan, be set aside.