2026 (7) TMI 1929

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....v Shankar Pd Gupta For the Opposite Party(s) : G.A. ORDER HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri G.K. Gupta, learned counsel for the applicant and learned AGA for the State. 2. This is an application under Section 528 BNSS seeking quashing the entire criminal proceeding in pursuance of impugned summoning order dated 26-11-2024 passed by Civil Judge (Sr. Div) F.T.C. (Fast Track C....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d before the bank, which was dishonoured on 16.07.2024 and a registered notice came to be issued on 29.07.2024 which was received on 31.07.2024 and on 28.08.2024, the complaint came to be lodged and on 26.11.2024, the applicant came to be summoned under Section 138 of the NI Act. 4. Questioning the summoning order dated 28.11.2024, the present application has been filed. 5. Learned counsel f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n is that none of the offences under Section 138 of the NI Act are made out. 7. Learned A.G.A. on the other hand submits whatever might be the issues which the applicant seeks to raise are the matter of defense, consideration whereof would be necessitated only when the trial commences. 8. I have heard the submissions so made across the Bar and perused the records carefully. 9. Apparently,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mpleading Samrat Builders and Properties is concerned. 11. In the opinion of the Court, as apparent from page58, which is Form GST REG-06, Samrat Builders and Associate is a proprietorship firm, and once the firm in question is a proprietorship firm then, whether the proprietorship firm or the proprietor is made a party, the same would make no difference as the concept of a company would not ap....