R MUTHURAMAN Vs. SAKTHI TEX

JUDGEMENT

(1.) FOR the The revision petitioner is the accused in C. C. No. 316 of 1998 on the file of the judicial Magistrate-I, Tirupur, and aggrieved against the order passed in C. M. P. No. 4110 of 1998, dated March 24, 1999, the present revision is filed. The case in brief for the disposal of the revision is as follows : The petitioner is the fourth accused in C. C. No. 316 of 1998. The respondent filed an application under section 138 of the Negotiable instruments Act, 1881, against seven persons. The petitioner filed an application under section 245 of the Code of Criminal Procedure, for discharge. The first accused issued a cheque for and on behalf of the seventh accused-company and the respondent has not filed any record to show that the petitioner is also one of the partners. Moreover, the petitioner had retired from the partnership even on July 31, 1995, and, thereafter, he had no connection whatsoever with the seventh accused. There is absolutely no connection of the revision petitioner with the cheque in question and the notice sent by the respondent has been suitably replied to. The seventh accused is the partnership concern and the cheque was issued by the first accused in her capacity as a proprietrix and, as such, the petitioner has to be discharged from the case.

(2.) THE respondent complainant resisted the application, stating that the present application has been only to protract the proceedings. Already the first accused filed an application before the Sub-Court, Tirupur, under the Insolvency Act. It has been filed only to cheat the creditors. THE petitioner as a partner, was in charge of the seventh accused-company and even now he continues to be a partner and there are records to prove them. It is not correct to say that the revision petitioner had retired from the partnership on july 31, 1995, and the retirement is also not in accordance with law. After hearing both sides, the learned Magistrate dismissed the petition filed by the revision petitioner/fourth accused and aggrieved against this, the present revision has been filed.