Mohd. Faiz Alam Khan, J. - (1.) Heard learned counsel for the petitioner and Shri S.N. Tilhari, learned A.G.A. for the State.
(2.) The present petition under Article 227 of the Constitution of India has been filed to set-aside the impugned summoning order dated 17.05.2017 passed by Additional Court No.10, Lucknow/Opposite Party No.3, judgment and order dated 30.05.2018 passed by Opposite party No.2 as well as the Complaint No. 4187 of 2016 "Rahul Gupta and Another Vs. Director Rohtas Projects Ltd. and Another", pending in the Court of Additional Court No. 10/Opposite Party No.3.
(3.) Learned counsel for the petitioner submits that, the Court below have failed to appreciate the contention of the petitioner, pertaining to the fact that, the cheque has been issued on behalf of a company and since the cheque has been issued for a company, keeping in view the various pronouncements of the Hon'ble Supreme Court and this High Court, the company is a necessary party in the complaint made U/s 138 Negotiable Instruments Act and if the company has not been arrayed as a party in the complaint, the complaint is not maintainable.;