SUDHARSAN Vs. S.RAJASOUNDARAM

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking to quash S.T.C.No.225 of 2016, pending on the file of Judicial Magistrate No.II, Fast Track Court at Magisterial Level, Madurai.

(2.) The respondent filed a complaint under Section 138 of the Negotiable Instruments Act against the petitioners and also the Partnership Firm on the ground that, the cheque that was issued in his favour towards his contribution to the Partnership Firm was dis-honoured.

(3.) The learned counsel appearing on behalf of the petitioners submitted that, admittedly in this case, the respondent is the partner of the Firm under the name and style of Bima Bricks Industries. The cheque is alleged to have been received by the respondent towards the contribution/ share of the respondent in the Partnership Firm. Therefore, the learned counsel submitted that, there is no debt or liability arising in this case, till the accounts are finalized and the amount payable to each of the partner is determined. The learned counsel submitted that, there was no existing debt/ liability as on that date, when the alleged cheque was drawn in favour of the respondent.