GOVIND MATHUR, J. - (1.) THIS misc. petition as per provisions of Section 482 CrPC pertains to a criminal complaint preferred to a under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as -œthe Act of 1881 -) regarding dishonour of cheque of Rs.1,85,000 issued and signed by one Shri Ramesh Kumar in the capacity of Proprietor, Madhur Milan Enterprises. The Chief Judicial Magistrate, Barmer under an order dated 5.6..2006 took cognizance of the complaint for offence punishable under Section 138 of the Act of 1881 and a revision petition challenging the order aforesaid came to be rejected by learned Additional Sessions Judge (Fast Track), Balotra vide order dated 27.6.2008.
(2.) THE contention of counsel for the petitioner is that the Courts below materially erred while not appreciating the fact that no liability upon the present petitioner could have been fastened as he is nothing to do either with Madhur Milan Enterprises or with Ramesh Kumar who tendered the cheque concerned. It is emphasized that there is nothing on record on basis of which the petitioner could have been even remotely connected with the proceedings under Section138 of the Act of 1881. Despite service, nobody has put in appearance to contest this petition on behalf of complainant Naresh Kumar son of Shankar Lal. This Court by order dated 7.1.2009 while admitting this petition for hearing called for the record, thus, the same is available for examination.
(3.) THE Chief Judicial Magistrate took cognizance against the present petitioner on the count that in the complaint it is stated that -œaccused are partners of firm Madhur Milan Enterprises. - Learned Additional Sessions Judge while rejecting the revision petition preferred by the petitioner held that the issue as to who are partners of the firm Madhur Milan Enterprises could be examined only after leading evidence and, therefore, at this stage nothing wrong was done by the Trial Court while taking cognizance under the order dated 5.6.2006 against the petitioner too.;