Om Prakash, J. - (1.) Heard Sri Santosh Yadav, learned counsel for the applicant and learned AGA for the State.
(2.) Present application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated 19.08.2017 passed in Complaint Case No. 2380 of 2017 passed by Additional Chief Judicial Magistrate, Court No. 8, Allahabad (Shailendra Kumar Dubey Vs. Dharmendra Kumar Sharma), under Section 138 Negotiable Instruments Act, Police Station Dhoomanganj, District Allahabad, pending before Special Judge N.I. Act, Court No. 2, Allahabad.
(3.) It is submitted by learned counsel for the applicant that summoning order passed in the matter is illegal. There was no existing debt or liability to issue the cheques in question. In fact cheques in question were post dated cheque. Information was also given to the Bank for stop payment. Thus, provision of Section 138 Negotiable Instruments Act is not applicable in the present matter. It is further submitted that cheques in question are issued on behalf of firm but the firm has not been arranged as an accused in the complaint. Thus, complaint was also not maintainable. Until and unless, firm is prosecuted, proprietor or director of the firm or company could not be prosecuted. It is also submitted that summoning order is passed without applying judicial mind. At this juncture, learned counsel for the applicant also placed reliance on the following case law in Indus Airways Pvt. Ltd. and others Vs. Magnum Aviation Pvt. Ltd. and others,2014 2 ACR 1347 and Aneeta Hada Vs. Godfather Travels & Tours Pvt. Ltd., 2012 3 SCC(Cri) 241.;