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2019 Supreme(All) 568

SAUMITRA DAYAL SINGH
Manoj Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Sarita Mishra, Adv.

JUDGMENT :

Saumitra Dayal Singh, J.

Heard learned counsel for the parties.

2. The present 482 Cr.P.C. application has been filed to quash the judgment and order dated 27.07.2017 passed by Additional Sessions Judge, Court No.5, Allahabad in Criminal Revision No.345/2016 (Manoj Singh Vs. Shakeel Ahmad) as well as order dated 20.07.2016 passed by Additional Chief Judicial Magistrate, Court No.5, Allahabad in Complaint Case No.485 of 2014, under Section 138 Negotiable Instrument Act, P.S- Jhunsi, District-Allahabad.

3. Learned counsel for the applicant submits, the complaint is wholly incompetent since the cheque (giving rise to the complaint) was issued by the 'company' M/s Manoj Rice Mill that was not impleaded as an accused person (in the complaint). Reliance has been placed on Section 141 of the Negotiable Instrument Act, 1881 (hereinafter referred to as the Act). The issue is stated to be covered by a Single Judge decision of this Court in the Application u/s 482 No. 31101 of 2013 (Hitendra Kishan Lal Jain Vs. State of U.P. & Anr.), decided on 13.12.2017.

4. That case involved default/dishonour of a cheque issued by a proprietorship firm. After referring to Section 141 of the Act, and










































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