Supreme Court - Daily Orders
Ashapura Minechem Ltd. vs Philip J. on 4 July, 2019
Bench: A.M. Khanwilkar, Dinesh Maheshwari
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 964-967 OF 2019
(Arising out of SLP (Crl.) Nos.6268-6271 of 2016)
ASHAPURA MINECHEM LTD. Appellant(s)
VERSUS
PHILIP J. & ANR. Respondent(s)
O R D E R
Leave granted.
Heard learned counsel for the parties. These appeals take exception to the judgment and order dated 29.01.2016 passed by the High Court of Judicature at Bombay in Criminal Writ Petition Nos. 2909 of 2013, 2910 of 2013, 2914 of 2013 and 2915 of 2013, whereby the High Court quashed the complaint(s) filed by the appellant under Section 138 of The Negotiable Instruments Act, 1881 (for short ‘hereinafter referred to Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2019.07.09 17:25:12 IST Reason: as the Act’) on the ground that it was filed against only one of the partner of the partnership firm without 2 joining the partnership firm as respondent/accused. Such complaint(s) according to the High Court was not maintainable. The view so expressed by the High Court has been questioned before this Court by producing the copies of the original complaint(s) in the respective matters. The description of the accused given therein is as follows:-
“ Phillip J.
Age – 37 years, Occ.: Business, Partner, M/s Amalagiris, for himself and on behalf of M/s Amalagiris Partnership Firm, Partnership Firm M/s Amalagiris having regd. Office at S-14/15, Second Floor, Alfran Plaza, M.G. Road, Panjim, Goa, Pin code- 403 001 ..... Accused” We agree with the appellant that going by the description of the accused, as stated in the concerned complaint, the High Court was not right in quashing the complaint(s) on the assumption that the partnership firm has not been made party in the complaint.
The question whether such description, is substantial compliance of the requirements of Section 138 read with Section 141 of the Act, is a matter to be analyzed by the Trial Court in the first instance. We do not intend to answer any other contention except to observe that the 3 assumption of the High Court for allowing the quashing petition is contrary to the record and for which reason the same is set aside. All other contentions available to the parties are left open including regarding the correctness of the description as given in the concerned complaint and further as to whether the same meets the mandatory requirements of Section 138 and 141 of the Act.
The Trial Court may also consider any other objection available to the accused in law or on facts, on its own merits, including regarding the status of the parties as arrayed in the concerned complaint.
Accordingly, the appeals succeed in the above terms. Pending applications, if any, stand disposed of.
…...................J (A.M. KHANWILKAR) …...................J (DINESH MAHESHWARI) New Delhi July 04, 2019 4 ITEM NO.44 COURT NO.9 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 6268- 6271/2016 (Arising out of impugned final judgment and order dated 29-01-2016 in CRLWP No. 2909/2013 29-01-2016 in CRLWP No. 2910/2013 29-01-2016 in CRLWP No. 2914/2013 29-01-2016 in CRLWP No. 2915/2013 passed by the High Court Of Judicature At Bombay) ASHAPURA MINECHEM LTD. Petitioner(s) VERSUS PHILIP J. & ANR. Respondent(s) Date : 04-07-2019 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI For Petitioner(s) Mr. Siddharth Bhatnagar, Sr. Adv. Mr. Mahesh Agarwal, Adv. Mr. Rishi Agrawala, Adv. Mr. Abhinav Agrawal, Adv. Mr. Himanshu Satija, Adv. Mr. E. C. Agrawala, AOR For Respondent(s) Mr. Manoj V. George, Adv. Ms Shilpa Liza George, Adv. Mr. K. Vignesh Ram, Adv. Mr. Shifaz R. Dheen, Adv. Mr. Rajeev Kumar Dubey, Adv. Mr. Kamlendra Mishra, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals succeed in terms of the signed order.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file] [