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TMI Blog1995 (9) TMI 408X X X X Extracts X X X X X X X X Extracts X X X X ..... nesh Sukhlal Joshi, Partner of M/s Nagpur Chemical Agency (for short the 'complainant') against the Respondent No. 1 M.A. Bharati, Managing Director, M/s Nagpur Detergent Private Limited, C-27 MIDC Hinga Road, Nagpur (for short, the 'accused') in the Court of the Judicial Magistrate, First Class, Nagpur for the offence punishable under Section 138 of the Negotiable Instruments Act. For the purposes of the facts, Complaint No. 1125 of 1992 filed by the complainant against the accused may be advened to. According to the complainant, it his been supplying sodium tripoly phosphate and sulphonic acid to the accused and on 10-12-1991 vide Order No. NDPL/042/91-92, complainant supplied Acid Slurry to the accused for consideration o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt on 18-10-1993 and also relevant evidence available on record. 5. Mr. Kaptan, the Learned Counsel for the complainant submitted that the complaint was filed by the complainant in his capacity of Partner of M/s Nagpur Chemical Agency and there was no infirmity in filing the complaint case by one of the partners of the firm and trial Court seriously erred that the complaint filed by the complainant was not maintainable. In support of his contention, Mr. Kaptan relied upon the decision of this Court in Brijlal v. Jugalkishore 1995 (2) Crimes 636. Mr. Kaptan also contended that the trial Court seriously erred in holding that the complainant has not been able to prove that the cheques were drawn by the accused in discharge of some liabili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es and perused the impugned judgment of acquittal passed by the learned Magistrate and also considered the available material on record. 8. On perusal of the complaint, it is seen that the complainant is shown as Shri Ganesh Sukhlal Joshi, Partner of M/s Nagpur Chemical Agency, Nagpur . In this view of the matter, there was no difficulty for the complainant Ganesh Sukhlal Joshi to file complaint case in his capacity as Partner of M/s Nagpur Chemical Agency and the finding recorded by the trial Court that the complaint was not properly filed, is on its face, erroneous and cannot be sustained. In Brijlal v. Jugalkishore (supra) this Court has held that the complaint by one of the partners cannot be faulted and when the complaint is filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it may, this aspect has not at all been considered by the trial Court and the provisions of Section 139 of the Negotiable Instruments Act are altogether ignored and overlooked. Suffice it to observe that the finding recorded by the trial Court on Point No. .2 also cannot be sustained and it would be in the fitness of things if the matter is sent back to the said Court for fresh decision in accordance with law. 10. Consequently, these criminal appeals are allowed and the judgment of the trial Court dated 18.10.1993 passed in all five criminal complaint cases viz. Criminal Complaint cases No. 1125 of 1992, 1499 of 92, 1426 of 1992, 1426 of 1992 and 1498 of 1992 are quashed and set aside and the 20th Jt. Civil Judge, JD Judicial Magistrat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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