- (1.)This petition filed under Section 482 Cr.P.C. challenges the order of court below dated 28.03.2011 whereby application of the petitioner / accused under Section 243 Cr.P.C dated 28.02.2011 (Annexure A) is rejected by the court below.
(2.)The respondent No.1 / complainant filed a complaint under Section 138 Negotiable Instrument Act ( N.I. Act). In the said proceeding, the petitioner entered appearance being partner of accused firm. He urged that the relevant documents from the office of Registrar of Firms be summoned. In addition, two witnesses namely Sapna Agrawal and Madhuri Agrawal be summoned. He also prayed that relevant account of Bank of India be also summoned. He assigned reasons for making such prayer in para 3 and 4 of the said application.
(3.)Shri Prashant Sharma, learned counsel for the petitioner, urged that petitioner is partner of the firm. As per Section 141 of the NI Act, which deals with offences by companies, it is necessary to afford adequate opportunity to the petitioner being a member of the firm. He relied on various clauses of Section 141 of NI Act in this regard.