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of Cheque dishonoured due to signature being different from the petitioner, implying Bhagawat Daulat Gawali had no authority to sign on behalf of the petitioner-accused or his proprietorship firm. Cheque does not bear petitioner-accused's signature, so cannot be held liable for issuance or dishonour u/s 138 of NI Act, 1881. Respondent's assertion that Gawali issued cheque on behalf of petitioner-accused to discharge liability is untenable u/s 138, which is specific and applicable only to drawer and drawee. No third party can be summoned u/s 138. Petitioner-accused, not being signatory, cannot be summoned in complaint case filed by respondent u/s 138. Summoning order dated 01.02.2021 is illegal and set aside.
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