L K TOSHKHANI RETD Vs. RAVI KUMAR

JUDGEMENT

(1.) By this petition, the criminal proceedings initiated at the behest of the complainant, for offences committed under Sections 138/141 of the Negotiable Instruments Act are sought to be quashed.

(2.) The complainant had alleged that M/s. Mercury Enterprises in which the petitioner is alleged to be a partner had issued cheque in discharge of its liabilities towards him, for various amounts during the period April 2000 to 5th March, 2002. On these allegations, he had preferred separate complaint proceedings against the firm. The complainant had impleaded the present petitioner and the second respondent in these proceedings as partners. In these petitions, copies of the complaints have been produced. All of them identically averred, in relation to the accused parties as follows: ?That the accused persons are/were doing their business in partnership in the name and style of M/s. Mercury Enterprises.?

(3.) The complainant also alleged that after the cheques were presented they were returned/dishonoured for want of sufficient funds. In spite of issuance of notice, it is alleged, the petitioner and the other accused did not make good the amount. Consequently, the complaints were preferred before the Metropolitan Magistrate who issued summoning orders.