In
the Court of the Learned 11th Metropolitan Magistrate Calcutta
CS/
108574/ 22
In
the matter of ;
Fortune Credit
Capital Limited,
________Complainant
-
Versus
–
V. K. Traders
& Others,
___________Accused
Petition
for non-maintainability of the present criminal proceeding against the accused
no. 1, V. K. Traders;
The humble
Petition of the above named accused persons, most respectfully;
Sheweth
as under ;
1. That the
accused person is in receipt of the summon, issued by the Learned Court on
taking cognizance for the alleged offence punishable under Section 420, &
406 Indian Penal Code, 1860.
2. That the
accused no. 1, V. K. Traders, having its Premises at RZG-11B, Gali No. 1, Raj
Nagar 11, Palam Colony, South West Delhi – 110045, is a Proprietorship firm,
which represented by the accused no. 2, Vijay Kumar Singh being Proprietor of
the accused no.1, Proprietorship Firm.
Photostat
copy of the Licit Document showing that the accused no.1, V.K. Traders is a
Proprietorship Firm, in the name of the accused person no. 2, in the present
criminal proceeding, are enclosing herewith this petition and marked as
Annexure – “A”.
3. That the
Proprietorship Firm does not carry any separate identity nor even described as
a juristic person, under the prescribed provision of Law. The Proprietorship
Firm does not carry any separate PAN number or Income Tax Return, so far in
terms of prescribed provision of Law. The Proprietor of the Proprietorship is a
sole responsible person in carrying its business affairs and day to day
events.
4. That
pertinently Section 11 Indian Penal Code, 1860 states as “Person”.—The word
“person” includes any Company or Association or body of persons, whether
incorporated or not, therefore the Procedure when corporation or registered
society is an accused. Right of person against whom proceedings are instituted
to be defended, is not arises in terms of Section 305 Criminal Procedure Code,
1973.
5. That in the
given circumstances, the accused no. 1 and 2, can be taken as a same and
identical person for the purpose of present criminal proceeding. Thus the
representation for the accused no.1, in terms of the prescribed provision is
not required.
6. That the
accused person no. 2, seeks striking of the name of the accused no.1, in the
fact that the accused no.1, is a proprietorship Firm, from the cause title of
the Complaint under Section 200 Criminal Procedure Code, 1973 .
7. That unless
the Learned Court striking of the name of the accused no.1, in the fact that
the accused no.1, is a proprietorship Firm, from the cause title of the
Complaint under Section 200 Criminal Procedure Code, 1973, as the present
criminal proceeding is not maintainable against a proprietorship firm (the
accused no.1). The accused persons will highly prejudice and suffer with
irreparable loss and injury, thereof.
8. That this
application is made bonafide and in the interest of administration of Justice.
It is therefore prayed that your
Honour would graciously be pleased to allow this petition and to striking of
the name of the accused no.1, in the fact that the accused no.1, is a
proprietorship Firm, from the cause title of the Complaint under Section 200
Criminal Procedure Code, 1973, in the interest of administration of Justice, and
or to pass such other necessary order or orders, as your Honour may deem, fit
and proper for the end of Justice.
And
for this act of kindness, the Petitioner as in duty bound shall ever pray.
Verification
I,
Vijay Kumar Singh, being the accused no.2, in the present criminal case, well
acquainted and conversant with the material facts stated in the foregoing
paragraphs of this petition. I verify and signed this petition on 24th
day of January’ 2023, at Bankshall Court Premises.
Affidavit
I,
Vijay Kumar Singh, Son of Ram Pujan Singh, ( AADHAR : 2778 1195 5446), aged
about 57 years, by faith Hindu, by Occupation Business, residing at House No.
RZG-11B, Raj Nagar Part – 2, Palam Colony, Bagdola, South West Delhi, Delhi –
110077, do hereby solemnly affirm and says as follows;
1. I am the
Proprietor of the accused no. 1, V.K. Traders, a Proprietorship Firmhaving its
Premises at RZG-11B, Gali No.1, Raj Nagar 11 Palam Colony, South West Delhi
110045. I am the accused no.2, in the present Criminal Case. I am acquainted
and conversant with the material facts of the present criminal case. I am
competent to swear this affidavit.
2. The statements
in paragraph no. 1 & 2 are true to the best of my knowledge and belief, and
the rests are my humble submissions before the Learned Court.
The above
statements are true to my knowledge and belief.
DEPONENT
Identified
by me,
Advocate
Prepared in my
Chamber,
Advocate
Date : 24th
day of January’ 2023
Place :
Bankshall Court, Calcutta
No comments:
Post a Comment