Mayank Tiwari v. State of U.P. and Another

Court No. - 79

Case :- APPLICATION U/S 482 No. - 37130 of 2024

Applicant :- Mayank Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

1. Heard Sri Sanjay Srivastava, learned counsel for the applicant and Sri Sunil Kr. Srivastava, learned A.G.A. for the State.

1. The instant application has been filed seeking quashing of the entire proceeding including summoning order dated 20.2.2023 in complaint case No. 91138 of 2022 ( Vikram Tripathi vs. Bhanu Tiwari and another ), under Section 138 N.I. Act, P.S. Kalyanpur, District Kanpur Nagar.

1. Contention of learned counsel for the applicant is that the cheque in question was issued on behalf of Tiwari Enterprises which is a firm but while filing the impugned complaint the firm was not impleaded as party and the applicants were impleaded in the capacity of proprietors of the firm. In support of his contention, learned counsel for the applicant has relied upon the order of this Court passed in Application u/s 482 No. 9374 of 2024, filed by the co-accused Bhanu Tiwari in which interim protection was granted.

1. However, there is nothing on record to show whether the Tiwari Enterprises is proprietorship firm or partnership firm, therefore, counsel for the applicant is directed to bring on record either the deed of partnership or registration certificate of the partnership firm on the next date fixed.