Interim Order 1

Order Details: Order Below EX 1
Pdf Text: 1 C.C.NO.1210/SS/2018
Exh.48
MHMM180077012018
C.C.NO.1210/SS/2018
RAJENDRA I KHATANHAR Vs.
MS NAV DURGA TRANSPORT
IN THE COURT OF METROPOLITAN MAGISTRATE, 58TH COURT,
BANDRA, MUMBAI
ORDER BELOW APPLICATION AT EXH.48
1. This is an application for withdrawal of the complaint
against accused No.3 filed u/sec.257 of Cr.P.C. by the complainant.
2. It is contended that the accused No.3 had paid part amount
of Rs.4,00,000/ out of total amount of cheque to the complainant.
Therefore, the complainant is not willing to proceed against accused
No.3. Hence, this application.
3. Heard complainant and advocate for accused No.3
S.R.Sharma.
4. Perused complaint Exh.1. It shows filing complaint against
accused No.1 which is registered Partnership Firm. Accused No.2 and 3
are it's registered partners. They are jointly and severally responsible for
accused No.1 Partnership Firm. The joint and several liability exists for
all accused. Section 257 of Cr.P.C. permit the complainant at any time
before passing final order to withdraw the complaint against any one of
the accused or more than one accused. The provision speaks for
satisfaction of the magistrate. However, the withdrawal should be at the
satisfaction of Magistrate. That means the Magistrate has to see legal
aspect while permitting such type of withdrawal. It is well settled law
that all the partners of Partnership Firm are jointly and severally liable
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2 C.C.NO.1210/SS/2018
Exh.48
to pay the debt of the Partnership Firm. The complainant has presented
this complaint mainly against Partnership Firm, with whom the
transactions seems to be made. In the facts and circumstances, it would
not be just and proper to allow the complainant to withdraw the
complaint against only accused No.3 i.e. one of the partner of the
partnership firm. The legal consequences of joint and several liability of
the partner will remain as it is even if accused No.3 is discharged from
the offence. Hence, I pass following order.
O R D E R
1) The application is rejected.
2) No order as to cost.
3) Order dictated and pronounced in open court.
( M. P. Saraf )
Metropolitan Magistrate,
Date : 20.06.2023 58th Court, Bandra, Mumbai.
J.O.Code: MH01362
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