P APPARASAMY Vs. KALAIMANI

JUDGEMENT

(1.) THESE petitions are filed seeking to quash the criminal proceedings in C.C.No.323 of 2004 and C.C.No.321 of 2004 on the file of the learned Judicial Magistrate, Kallakurichi.

(2.) AS the parties are same in both the matters and cases under section 138 of the Negotiable Instruments Act have been launched by the respondent on the very same set of facts and circumstances, both the cases are taken up together for common disposal.

(3.) THE points that arise for determination are i) whether there is necessary and sufficient averment in the complaint under section 138 of the Negotiable Instruments Act laid by the respondent. ii) whether there shall be a necessary averment to indicate as to how and in what manner, the partners were responsible for the conduct of the business of the partnership firm. iii) whether the complainant is bound to give individual notice to each and every partner of the partnership firm.