JUDGMENT

S.B. Sinha, J. — Leave granted.

2. Appellant before us was arrayed as accused No. 3 in the Complaint Petition filed by the first respondent herein, before the Chief Metropolitan Magistrate, Delhi which was registered as a Complaint Case No. 379/1/2003. The said complaint petition was filed for trying the accused persons named therein for commission of an offence under Section 138 of the Negotiable Instruments Act alleging that a cheque dated 15.8.2002 was issued by the accused Nos. 2 to 6 for a sum of Rs. 2 lacs drawn at Canara Bank which on presentation was dishonored and the accused despite notice, did not pay the said amount.

3. The status of the accused No. 1 was not disclosed in the array of the accused persons.

4. It was sought to be represented through Director(s)/Chairman/Managing Director, Proprietor(s), Incharge(s). Appellant herein was also described in similar capacity viz. “in charge, manager, director of the accused No. 1”. So were the other respondents.

5. In the complaint petition, however, it was alleged ;

“1. The complainant is a partnership duly registered with the Registrar of firms at Delhi, and Mohit Gupta is one of its partner and duly authorized and em