- (1.) By this criminal misc. petition, a challenge is made to the order dated 25th February, 2015, by which, application submitted by the petitioner was dismissed.
(2.) Learned counsel submits that an order of cognizance of offence under Section 138 of Negotiable Instruments Act, 1881 (for short "NI Act") was taken by the Court against the petitioner and M/s. Naveen Automobile. A petition under Section 482 of Cr. P. C. was filed before this Court to challenge the said order. It was disposed of with liberty to the petitioner to file an application before the Court below and if such an application is filed, the Court would consider it. In pursuance to the liberty given by the Court, an application was submitted to quash the order of cognizance, however, it was dismissed vide the impugned order.
(3.) It is stated that on the date of the cheque, the petitioner was not the part of M/s. Naveen Automobile, thus cognizance of offence should not have been taken against him. A document has been submitted to show as to who was the Proprietor of the Firm at the relevant time. It is further stated that M/s. Naveen Automobile has been made as party accused, however, neither complete address has been given nor it is represented through someone. In view of the above, order of cognizance of offence against the firm deserves to be set aside.;