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TMI Blog2021 (7) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... nt significance considering that the company is a distinct legal entity and the mere fact that one of the Director is also a partner of a firm which issued the dishonoured cheque cannot be the basis of the implication of the company in the alleged offence. The petition is dismissed. - Criminal Writ Petition No. 613 of 2020 - - - Dated:- 21-6-2021 - R.B. Deo, J. For the Appellant : Palash K. Mohta, Advocate For the Respondents : M. Anilkumar, Advocate and N.S. Rao, APP JUDGMENT R.B. Deo, J. 1. Heard. 2. Rule. 3. With consent, the petition is finally heard. 4. The petitioner, who shall be referred to as the complainant hereinafter, instituted Summary Criminal Case 187/2018 under Sections 138 read with Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plainant. 10. It is further averred in the complaint that accused 2 Ramanarao Muslaji Naggaya Bolla issued five cheques on behalf of the Partners and Firms which were dishonoured and that despite the receipt of the statutory notice the accused did not make the payment covered by the dishonoured cheques. 11. Perusal of the statutory notice reveals that the notice is issued to M/s. Hanuman Dal Industries Pvt. Ltd. and the accused 2 to 4. The statutory notice refers to M/s. Hanuman Dal Industries Pvt. Ltd., Nagpur as a registered partnership firm and to accused 2 to 4 as the partners. 12. The learned Judicial Magistrate First Class, Risod was pleased to issue process under Section 138 of the Act, vide order dated 30.10.2018. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dustries Pvt. Ltd. is a company incorporated under the Companies Act, 2013 whose Directors are Ramanarao Bolla and Vijayalaxmi Bolla. 20. The learned Sessions Judge noted that the notice came to be wrongly issued to the company and as a fact it is the company which is arraigned as an accused and not the partnership firm. The learned Sessions Judge rejected the submission of the complainant that since the partnership firm and private limited company are sister concerns, there is no illegality in the order of issuance of process. The learned Sessions Judge deals with the issue thus: 10] It is argument of complainant that partnership firm and Private limited Company are sister concern and hence, there is no illegality in filing complai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ishonoured cheques is to be demanded. If drawer fails to comply the said notice then only, the cause of action to file case under 138 of N.I. Act arise. Notice is soul of criminal case under section 138 of the Act. Thus, what is important is, to issue the notice to the drawer of cheque. It is prerequisite condition for filing criminal case under section 138 of the Act. Moreover, there can not be amendment in notice on cease is filed on that basis. In this case, amendment in complaint will not help the complainant as no notice was issued to M/s. Hanuman Dal Industries . Hence, no criminal complaint can survive against it and its partners, for want of statutory notice to it. In case of N. Harihara Krishnan ..Vs. J. Thomas AIR 2017 SC 412 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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