BABU LAL AGARWAL Vs. JAGDISH PRASAD

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been filed by the petitioner being aggrieved with the order dated 17.03.2018 passed by the Judicial Magistrate No.2, Pali (hereinafter to be referred as the 'trial court'), whereby the application filed by the petitioner for terminating the proceedings under section 138 of the Negotiable Instruments Act (for short 'the NI Act') against him has been rejected.

(2.) The petitioner is facing prosecution under section 138 of the NI Act before the trial court. The complainant has alleged that M/s Agarwal Textiles Industries has issued a cheque in his favour, however, the same has been dishonored by the bank and money has not been returned by the M/s Agarwal Textile Industries and as such the firm, proprietor of the said firm and signatory of the disputed cheque are liable to be prosecuted for the offence punishable under Section 138 of the Negotiable Instrument Act.

(3.) It is admitted position that the cheque in question was issued by one Ganpat Lal in the capacity of the Manager of the firm. During the pendency of the proceedings before the trial court Ganpat Lal died and at this stage, the petitioner proprietor of the firm, had moved an application with a prayer that he may be deleted from the array of the accused in the proceedings under section 138 of the NI Act.