K. ANNAPOORANI Vs. M/S. IAL INDIA LIMITED

JUDGEMENT

(1.) The above quash petition is preferred by the 3rd accused in the case before the trial Court in C.C.No.1348 of 2009. The said case has been preferred by the respondent herein for an offence under section 138 of the Negotiable Instruments Act against the 1st petitioner Firm namely Arun Knit wear putting ship and others. The 3rd accused arrayed therein in the Complaint is the petitioner before this Court.

(2.) The petitioner has come forward with the above quash petition to quash all further proceedings as against him on the following grounds:

(3.) The petitioner to substantiate his claim that he was relieved from service of the first accused company on 31.03.2005 itself well before the issuance of the alleged cheques rely and produced a document of dissolution of firm dated 31.03.2005. It is significant to note that the Document is a registered one. Therefore this Court finds that the document sought to be relied on by the petitioner are personal in nature and are private document. Excepting the said document nothing is produced before this Court for appraisal. The genuineness of the said document is doubtful. The veracity and genuineness of the said private documents, which are certified copies of public documents as prescribed under section 76 of the Indian Evidence Act and which are farming part of the prosecution/respondent's case, can be looked into only at the time of trial and in the proceedings under section 482 CrPC, 1973.