JAI AGARWAL Vs. INFLOW TECHNOLOGIES PRIVATE LIMITED

JUDGEMENT

(1.) Heard the learned counsel Sri.Arun G., appearing for the petitioner/s and the learned counsel Sri.R.Kiran, appearing for the respondent/s in all these cases.

(2.) The petitioners in all these cases are erstwhile partners of R.R.INFOCOM. Since these are batch of petitions projecting a solitary issue in law they are taken up together and considered by this common order. The issue is whether the partners who have retired from partnership firm can be prosecuted for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881, (hereinafter referred to as 'NI Act' for short) for a cheque that is rendered by the existing partner.

(3.) Crl.P.No.9443/2024 is preferred by accused Nos.3 and 4 - Jai Agarwal and Anjana Agarwal in C.C.No.9585/2023. Crl.P.No.8100/2023 is preferred by accused No.4 - Anjana Agarwal in C.C.No.7311/2023. Crl.P.No.13150/2023 is preferred by accused No.3 - Jai Agarwal in C.C.No.7311/2023. Crl.P.No.8523/2024 is preferred by accused Nos.3 and 4 - Jai Agarwal and Anjana Agarwal in C.C.No.9504/2023. The instrument involved in the subject transactions are three different cheques totally amounting to Rs.3,27,00,000.00. The complainant is the respondent - Inflow Technologies Private Limited in all these cases.