P.DINESH KUMAR Vs. T.CIBI CHAKARAVARTHY

JUDGEMENT

(1.) This Criminal Original Petition is filed by the second accused, who faces criminal prosecution for the offence under Sec. 138 of the Negotiable Instruments Act, 1881 in connection with cheque dtd. 10/03/2017 drawn in favour of the complainant for Rs.11,14,251.00 signed and issued on behalf of the first accused as Managing Partner of the Partnership Firm by name ' M/s Sri Lakshmi Feeds'.

(2.) The case of the complainant is that, he is running a business in the name and style of 'TCS Trade Links' dealing with raw materials for poultry feed. The first accused Partnership Firm 'M/s Sri Lakshmi Feeds', represented by its Managing Partner, the second accused (the petitioner herein) used to purchase raw materials like soya-doc DC oiled rice bran and rice bran oil on credit basis from the complainant. The subject cheque was issued to discharge the due payable towards the cost of raw materials for poultry feed sold. On presentation of the cheque dtd. 10/03/2017, it was returned with memo dtd. 06/04/2017 as 'Account Blocked'. Statutory Notice to the accused was sent through the Lawyer on 05/05/2017. The said notice returned on 08/05/2017 as 'unserved'. The complaint therefore filed under Sec. 138 of the Negotiable Instruments Act, 1881 on 08/09/2017 with explaining the reason for not filing the complaint within 30 days from the date of cause of action, which is 23/05/2017. The complaint was taken on file by the Judicial Magistrate No.1, Namakkal in C.C.No.130/2018 and summons issued to the accused persons.

(3.) On receipt of the summons, the petition to quash is filed on the ground that, the Partnership Firm 'M/s Sri Lakshmi Feeds' was incorporated consisting of Balasubramaniam, Babu Saravanan, S.P.Kumaravel, K.Ramesh, Kanagaraj and P.Dineshkumar. The firm was registered in No:935/2014 before the Registrar of Firms on 01/11/2014. One Mr.C.Periyasamy, was inducted into the Partnership Firm on 31/08/2015. Subsequently, on 01/09/2015, except Periyasamy and his son Dinesh Kumar rest of the Partners retired from the Firm. Till 11/03/2017 the Firm was run by its partners Periyasamy and Dinesh Kumar. After that date, the firm was reconstituted, Savitha and her husband Chetan kumar were induced as partners, Periyasamy and Dinesh kumar were retired. The creditors of the firm were informed about the retirement deed dtd. 15/03/2017 and the reconstitution deed dtd. 16/03/2017, wherein it has been agreed by the parties that all the assets and liabilities of the firm henceforth be taken over by the new partners namely, Savitha and Chetan kumar. The complainant Cibi Chakravarthy, who is one of the witnesses to the deeds of retirement and reconstitution know about this fact.