By means of the present criminal
miscellaneous application under Section 482 of the Code
of Criminal Procedure, the applicant has sought
quashing of Criminal Case No. 5047 of 2015, M/s
Dashmesh Steel Centre Vs. M/s Dudgal Construction,
under Section 138 of the N.I. Act, pending in the Court of
the 1st Additional Civil Judge (J.D.)/Judicial Magistrate,
Udham Singh Nagar.
2. Assailing the proceedings under Section 138 of
the N.I. Act at the behest of the complainant/respondent,
learned counsel for the applicant would submit that,
since M/s Mudgal Construction Limited is a partnership
UKHC010004722018
2026:UHC:6300
firm, it was incumbent upon the
complainant/respondent herein to implead all the
partners as accused persons in the complaint. He would
further submit that the liability of all the partners is joint
and several, and by impleading only the applicant,
Rakesh Thakur, who is one of the partners, in addition to
two other partners, the entire burden would fall upon
him. He would further submit that it appears that the
complaint under Section 138 of the N.I. Act has been
filed by the complainant/respondent herein in
connivance with the other partners. He would further
submit that, since it is a partnership firm, the financial
burden also needs to be shared equally by all the three
partners, and by impleading the applicant as the only
partner out of the three partners, the complaint is
vitiated. The firm is not duly represented through a
partner, and therefore, the entire proceedings of the said
complaint deserve to be quashed.
