M SENTHIL KUMAR Vs. DELTA CARRIERS

JUDGEMENT

(1.) THIS is a petition seeking to quash the proceedings against the petitioner, who is the Accused No. 3 initiated by the respondents herein/ complainant along with two other accused for an offence under section 138 of Negotiable Instruments Act.

(2.) IT was contended by the learned counsel for the petitioner that the petitioner is one of the partner in the firm namely the first accused and he has absolutely nothing to do with the alleged offence under section 138 of Negotiable Instruments Act.

(3.) IT was contended by the learned counsel for the petitioner that the Partnership Dissolution Deed was executed between the petitioner and the second Accused, another partner on 29. 09. 2004 and it was communicated to the complainant prior to the issuance of the Cheque in question. Another contention of the learned counsel for the petitioner was that no specific averment is made in the complaint against the petitioner fulfilling the requirements under section 141 (1) of the Negotiable Instruments Act. According to the learned counsel for the petitioner only a vague allegation was made against the petitioner in paragraph 5 of the complaint. He also placed reliance on the decision of the Hon'ble Supreme Court in "cdj 2007 SC 216 (S. M. S. Pharmaceuticals Ltd. . vs. . Neeta Bhalla and another ".