PATEL HIMANSHUBHAI BHOGILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application the applicant has prayed to quash and set aside the summons issued in connection with the offence punishable under Section 138 of the Negotiable Instruments Act, as well as the order below Exh. 52 in Criminal Case No. 4020 of 2004, passed by the learned JMFC, Mehsana dated 03.10.2005 and the judgement and order passed by the learned Principal Sessions Judge, Mehsana dated 19.11.2005 in Criminal Revision Application No. 100 of 2005.

(2.) THE short facts of the case are that the partnership firm named Shivam Investments, was engaged the share brokers and the partners thereof are (1) Patel Kaushikkumar Parshottamdas (2) Modi Mukeshkumar Ramanlal (3) Patel Vijaykumar Parshottamdas (4) Patel Himanshu Bhogilal (applicant herein). The applicant is having 20% share in the said partnership. Two persons have issued cheques namely Kaushikkumar Parshottamdas Patel and Mukeshkumar Ramanlal Modi in favour of one Kaushikkumar Rasiklal Modi. The said cheque was returned on 1st March, 2004 on the ground that funds were insufficient. The same was again presented and again returned on 17th March 2004 with the endorsement that the payment is stopped by the drawer.

(3.) LEARNED advocate for the applicant has submitted that the applicant is not in -charge and responsible for the affairs of the partnership firm called Shivam Investments. The applicant was not signatory to the three cheques issued which were returned. The applicant had 20% share in the affairs of the said partnership firm but the said partnership has been dissolved and on 14th February 2004, as the applicant had retired. he therefore, submitted that there cannot be any liability of the applicant with respect to the dues and the cheques which have been issued after 14th February 2004. The cheques were issued on the 28th February, 2004, 1st March 2004 and 5th March 2004.