No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C-528 No. 734 of 2026 Hon’ble Alok Mahra, J. Mr. Ankush Singhal and Ms. Rajni Rangwal, learned counsels for the applicant. 2. The present Criminal Misc. Application has been filed by the applicant challenging the summoning order dated 30.01.2026 passed by the court of learned Civil Judge (Jr. Div.)/Judicial Magistrate, Bazpur, District Udham Singh Nagar in Criminal Complaint Case No. 128 of 2025, Afsar Ali Vs. M/s Vaishnavi Food Products and Others, under Section 138 of N.I. Act and the entire proceedings arising out from it. 3. Learned counsel for the applicants would submit that they have wrongly been made an accused because applicant no. 2 is a sleeping partner and he has wrongly been made an accused. It is further submitted that the cheque was issued in the name of the firm - Ali Enterprises, but, complaint was filed by Afsar Ali, its sole proprietor and not by the firm and as such as the cheques were not issued for legal consideration. 4. Heard learned counsel for the applicants and perused the record. 5. After hearing learned counsel for the applicants, this Court is of the view that the issue regarding filing of the complaint by the respondent instead of firm cannot be sustained inasmuch as the firm is a sole proprietorship firm and it is settled proposition of law that either a sole proprietor or a firm, both can file a complaint. A sole proprietorship is not a separate legal entity from the owner. As regards applicant no. 2 being a sleeping partner, this is a matter of evidence, which plea can be taken before the learned Magistrate concerned. 6. Thus, perusal of the impugned summoning order dated 30.01.2020 reveals that the evidence collected was placed before the learned court below, which, after applying its judicial mind, has rightly summoned the applicant to face trial under Section 138 of N.I. Act. 7. The court concerned has considered & discussed all relevant aspects. Thus, the view taken by the learned Judicial Magistrate concerned cannot be faulted. This Court does not find any infirmity or illegality in the impugned summoning order dated 30.01.2026 passed by the court of learned Civil Judge (Jr. Div.)/Judicial Magistrate, Bazpur, District Udham Singh Nagar in Criminal Complaint Case No. 128 of 2025, Afsar Ali Vs. M/s Vaishnavi Food Products and Others, under Section 138 of N.I. Act. Hence, this Court does not find any reason to interfere with the impugned order. 8. Accordingly, the criminal misc. application fails and is hereby dismissed. (Alok Mahra J.) 20.04.2026 Ujjwal