IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No.M-51132 of 2025 Date of Decision: December 11, 2025 Love Kohli & others ..... PETITIONER(S)

VERSUS M/s Devans Modern Breweries Ltd.

..... RESPONDENT(S)

CORAM: HON'BLE MR. JUSTICE SUBHAS MEHLA PRESENT: - Mr. Rajesh Lamba, Advocate, with Mr. Abhinav Kaushik, Advocate, for the petitioners.

Mr. Aman Bahri, Advocate, for the respondent.

SUBHAS MEHLA, J

1. At the very outset, the Ld. Counsel for the petitioners submits that he does not wish to press the present petition qua petitioner Nos.2, 8, 9, 11, 13 and 15.

2. The petition qua petitioner Nos.2, 8, 9, 11, 13 and 15 stands dismissed as not pressed, vide separate order of even date.

3. This is the second petition for quashing order dated 02.09.2025 (Annexure P-8) vide which revision petition against summoning order dated 07.03.2020 (Annexure P-2) passed by learned Judicial Magistrate

1^st Class, Gurugram, has been dismissed.

4. Brief facts of the case for the adjudication of the present petition are that respondent-complainant is engaged in business of manufacturing and selling of beer and Indian Made Foreign liquor. The petitioners along with one Mr. Adesh Giri, formed an Association of Persons (in the name & style of M/s Adesh Associates) to carry out the business of trading and supply of liquor on liquor vends. On 31.05.2017, an Agreement of Association of Persons (Annexure P-4) was signed between all the petitioners as well as Mr. Adesh Giri. As per the clause (1) of aforesaid agreement, business was to be carried out under the name and style of ‘M/s Adesh Associates’. Further in clause (2) of the agreement, it was agreed that a license allocated to any member of the association shall be deemed as the business part of the association. In the yearly draw of lots conducted by the Government, liquor vend licenses were allotted to Petitioner Nos.2, 8, 9, 11, 13 and 15, namely, Sanjay Aggarwal, Suraj, Urmila Devi, Sulochna, Mahesh Pokhriyal and Surendra Singh Pokhriyal, (qua whom the present petition is not pressed). Complainant has alleged in the complaint dated 30.09.2017 (Annexure P-1) that all the members of Association of Persons were actively engaged in day-to-day affairs and were responsible for payments. On the demand of the individual members of the association, the beer was supplied by the complainant to M/s Adesh Associates. In order to repay the outstanding amount towards the Complainant, M/s Adesh Associates issued cheque bearing No.518906 dated 17.07.2019 for a sum of Rs.45,97,617/- (Rupees Forty Five Lakh Ninety Seven Thousand Six Hundred and Seventeen), which on presentation was dishonored and after statutory compliances, the instant complaint was filed.

5. Learned counsel for the petitioners contended that impugned orders dated 02.09.2025 as well as 07.03.2020 are liable to be set aside since the petitioners are sleeping partners in the association and were not responsible for day-to-day affairs of the association. The petitioners are not the signatory of cheque which bounced. Agreement of Association of Persons dated 31.05.2017 is part of trial Court record. As per the clauses (5) and (6) of the Agreement, solely Mr. Adesh Giri was empowered and authorized to sign the papers or any type of application or to give any statement to all concerned departments, and also in judicial matters. The bank account was only to be operated under the signatures of Mr. Adesh Giri, thus he was the person managing the business. There are no specific averments in the complaint against the petitioners and they were not incharge or responsible for conduct of business of the association.

6. Learned counsel for the respondent-complainant contended that summoning order dated 07.03.2020 has been passed in accordance with law. From the agreement forming Association of Persons (Annexure P-4), it is crystal clear that all the petitioners had been incharge of, and were responsible for the working of association. Decisions of the