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2016 (1) TMI 1459 - HC - Indian LawsDishonor of two Cheque - whether the accused have issued the cheques in question as partners of partnership firm? - HELD THAT:- From the impugned complaint, it is clear that the complainant himself has stated in the complaint that both the accused are partners of J. Parikh and Sons-partnership firm. In paragraph 2 of the complaint, the complainant has further submitted that accused are carrying on business in the name of J. Parikh and sons and accused nos. 1 and 2 are partners of J. Parikh and Sons. The cheques in question were issued by the accused as partners of the partnership firm. From the cheque numbers mentioned in the complaint and from the account statement of M/s. J. Parikh and Sons-partnership firm produced at Annexure ‘B’ with the compilation, it can be seen that both the cheques were issued from the account of the partnership firm. The respondent no. 2-original complainant is served in the present proceedings, however, he has not remained present and controverted the submissions canvassed on behalf of learned advocate for the applicant. When the respondent no. 2-original complainant has not joined the partnership firm as an accused in the impugned complaint, this Court can exercise the powers under Section 482 of the Cr.P.C for quashing and setting aside the impugned complaint - Application allowed.
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