G.M.P .GARMENTS Vs. R. ILANSELIAN

JUDGEMENT

(1.) THESE two petitions challenge the prosecution for offences under Section 138 of the Negotiable Instruments Act (hereinafter referred to as Act). The petitioner (S. Palanisamy) in both cases is the same and stands arrayed as one of the accused in cases pending in S.T.C.Nos.2114 and 2115 of 2007 on the file of the learned Judicial Magistrate I, Tiruppur.

(2.) THE respondent/complainant has upon dishonour of two cheques issued in his favour and keeping with Section 138 of the Act, caused the two complaint cases. In both cases, the 1st accused is a partnership concern and both partners thereof, one of whom is the petitioner before us have been arrayed as accused. A perusal of the complaints informs that the 1st accused firm borrowed money from the respondent/complainant. The partnership business was closed and the liabilities of each of the partners i.e., the petitioner before us as also the other partner was arrived at and towards their respective dues, they have issued cheques.

(3.) I have heard the learned counsel for the respondent/complainant on the submissions made by the learned counsel for the petitioners.