JUDGMENT

Sadhana S. Jadhav, J.— The appellant herein is the original complainant in SCC No.1419 of 2004. The appellant had filed a complaint under Section 138 of the Negotiable Instruments Act against the present respondents. The learned JMFC, Malegaon, had issued process against the accused. The complainant Upendra Lad is the complainant, (1) Santosh Marathe, employee of State Bank of India, (2) Paresh Borker, employee of Bank of India and (3) Ram Jadhav working in Nashik Mahila Vikas Sahakari Bank. The statement of the accused was recorded under Section 313 of Cr.P.C. The accused No.2 examined himself on oath. Hindustan Computers is a proprietary concern. The accused had executed the agreements with Upendra Lad. Accused No.2 i.e. Rajesh Hirani filed an application below Exhibit 171 seeking relief of dismissal of complaint on account of the fact that Upendra Lad was not the proprietor of Hindustan Computers. The proprietor was Mrs. Neeta Lad. It was further urged that throughout the proceedings, Upendra Lad had posed himself as the proprietor of the firm of Hindustan Computers. In the verification statement also the complainant i.e. the present appellant has categorically stated t