N LAKSHMI Vs. M R P FINANCE

JUDGEMENT

(1.) MR. R. Karthikeyan, learned counsel for the petitioner submitted that the petitioner has been arrayed as third accused in the proceedings initiated against the petitioner along with two other accused by the respon-dent/complainant for the offence under Sec-tion 138 of the Negotiable Instruments Act (hereinafter referred to as the Act).

(2.) IT is contended by the learned counsel for the petitioner that the petitioner is only one of the partners in the Firm, namely, the first accused and the petitioner is absolutely noth-ing to do with the alleged offence. Learned counsel for the petitioner further contended that the petitioner is neither incharge nor responsible for the conduct of the business affairs of the first accused-Firm.

(3.) PER contra , Mr. G. Karthikeyan, learned counsel for the respondent herein submitted that there is a specific allegation mentioned in the Complaint itself to the effect that the petitioner, who has been arrayed as third accused along with second accused, being the partners, both of them are respon-sible for the conduct and day-to-day affairs of the said Firm. Therefore, It is contended by the learned counsel for the respondent that there is absolutely no ground made out for quashing the proceedings initiated against the petitioner by the respondent/complainant herein for the offence under Section 138 of the Act.