S.SETHURAMAN Vs. G.SELVAMANIKANDAN

JUDGEMENT

(1.) This petition is filed to quash the proceedings in C.C. No. 119 of 2021, on the file of the Judicial Magistrate No. II, Kovilpatti.

(2.) The allegation against the petitioners is that the petitioners borrowed a sum of Rs.16,00,000.00on 14/5/2019 and he promised to repay the same within a period of six months. After repeated demands, the second accused issued a post dated cheque drawn on Tamilnad Mercantile Bank, Palayamkottai Branch, on 21/10/2020, in favour of the complainant and he directed the complainant to present the cheque. The complainant presented the cheque on 23/11/2020, through State Bank of India, Kovilpatti Branch and the cheque was dishonored with an endorsement "Account Closed". The accused Nos. 2 to 4 are jointly or severally liable for the dishonor of the cheque and hence a legal notice was sent. Later a private complaint was registered.

(3.) On the side of the petitioners, it is stated that the first petitioner is a partnership Firm carrying on business in purchase of gold and silver under the name and style of "M/s Shree Jewel Paarc". A2 to A4 are the partners of the Firm. The petitioners are A2 and A4 and that they are not the drawers of the cheque and that they are not the account holders, or signatories of the disputed cheque, the legal requirements under Sec. 141 of Negotiable Instruments Act were not fulfilled that cannot be an offence transaction against the partners, unless and until they have a Role in the affairs of the partnership his firm or having the control over the business of the Firm. Simply because, they are the partners, they cannot be made liable under Sec. 138 of Negotiable Instruments Act.