The petitioner is the accused in C.C.No.1164 of 2014 on the files of the court below. The above case arose out of a private complaint filed by the first respondent herein before the court below alleging offence under Section 138 of the Negotiable Instruments Act.
2. The petitioner has filed this Crl.M.C. praying for quashing Annexure A1 complaint and further proceedings against the petitioner in C.C.No.1164 of 2014.
3. Heard.
Crl.M.C.6339/2015 -: 2 :-
4. The learned counsel for the petitioner has contended that even though the liability in this case arose out of the business transaction between the complainant and the partnership firm even as per the complaint, the partnership firm was not made as an accused and hence, the complaint is not maintainable. I have gone through Annexure A1 complaint. I also perused the copy of the cheques produced by the complainant before the court below. It appears that the cheques in question were issued for the partnership firm, namely Maria Cements. The allegation in Annexure A1 complaint is that in connection with the supply of cement to the accused, two cheques, each for Rs.91,200/- each, were issued by the accused.
5. The provision contained in Section 141 of the N.I. Act clearly stipulates that when a person committing the Crl.M.C.6339/2015 -: 3 :- offence under Section 138 of the N.I. Act is a company, then certain categories of persons as well as the company would be deemed to be guilty of the offence.
6. As per explanation (a) to Section 141 of the N.I. Act, b