VINIT KUMAR MATHUR,J. - (1.) The present Criminal Misc. Petition has been preferred for quashing the order dated 26.11.2016 passed by learned Special Metropolitan Magistrate (N.I. Act) No.6, Jodhpur and the order dated 01.03.2017 passed by learned Sessions Court, Jodhpur Metropolitan in a revision petition preferred by the petitioner.
(2.) Briefly, the facts in the matter are that the respondent No.1 was having a business relationship with the petitioner and during the course of their business transaction a complaint was filed by the respondent under Section 138 Negotiable Instruments Act, 1881, praying therein that a cheque bearing No.241215 of an amount of Rs.38,500/- has been dishonoured and, therefore, the complainant-respondent should be awarded an amount double the amount mentioned in the cheque and the petitioner should be appropriately punished. During the pendency of this complaint, the petitioner moved an application before the learned trial court for quashing the complaint on the ground that the proprietor firm namely: M/s. Quantum I.T. Solutions, 17-1, Choupasani Housing Board, Jodhpur has not been made a party respondent in the matter and unless the proprietor firm is arrayed as party respondent, the complaint of the respondent is not maintainable as the business was being undertaken between the proprietorship firm i.e. M/s. Quantum I.T. Solutions and M/s. The Computer Super Market. This application was opposed by the complainant stating that the proprietorship firm is not a legal entity separately and the provisions of Section 141 of N.I. Act will not be applicable in the case of a proprietorship firm.
(3.) Learned trial court vide order dated 26.11.2016 rejected the application filed by the petitioner. The petitioner preferred a revision petition against the order dated 26.11.2016 and the same was also rejected vide order dated 01.03.2017 passed by learned Sessions Judge, Jodhpur Metropolitan. The contentions which were made by the petitioner before the learned trial court were reiterated in the revision petition also.;