3.In the course of arguments, before us, the learned counsel for the complainant has argued that the appellants were in fact running the business although the partnership deed did not indicate so. We have gone through the statement made by the complainant in the Protest Petition and find there is no such allegation against the appellants even in that statement. The only allegation which is made against the appellants and admitted by them is that they were partners in the firm. On this score. there is no dispute between the parties. An over all reading of the complainant, the First Information Report, the Protest Petition and the documents on record, indicate that the appellants had no role to play in any kind of criminal misconduct.
4.We, therefore, allow this appeal, set aside the order of the High Court and direct that no further proceedings shall go on against the appellants. We, however, clarify that notwithstanding this order, it would be open to the complainant to take all steps on the civil side for vindicating his claim.
..............................J [HARJIT SINGH BEDI] ..............................J [CHANDRAMAULI KR. PRASAD]
NEW DELHI MARCH 16, 2011.