- (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 12-7-2006 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Criminal Application No. 873 of 2006 whereby and whereunder the application filed by the respondents herein under section 482 of the Code of Criminal Procedure and Articles 226 and 227 of the Constitution of India for quashing the Summary Criminal Case No. 72/2005 pending before the Court of Judicial Magistrate, First Class, Achalpur was allowed.
(3.) The High Court in its judgment opined that in terms of section 141 of the Negotiable Instruments Act only those partners of a Firm can be proceeded, who were in-charge of the affairs of the Company and responsible to it. No exception can be taken to the aforesaid proposition of law. No exception can also be taken to the observations of the High Court that every partner of the Firm cannot automatically be roped in. But then the High Court despite the aforesaid observations has quashed the entire criminal proceeding, inter alia, on the premise that no averment in terms of section 141 of the Negotiable Instruments Act has been made in the complaint petition.;