MUKESH RAOJI NAVADHARE Vs. AJIT BHASKAR KASBEKAR

JUDGEMENT

(1.) HEARD .

(2.) BY this petition, the petitioner prays for quashing of the criminal complaint, bearing Summary Criminal case No. 1489 of 2001, filed under section 138 read with section 141 of the Negotiable Instruments Act, 1989 by the re spondent no.l against him.

(3.) LEARNED counsel for the petitioner submitted that the cheque was issued by the firm, of which both the petitioner and the complainant were partners. Since the complainant was a part of the firm and was its partner, the prosecution of other partner under section 138 of the Act was not maintainable. Per contra, learned counsel for the respondent no.l submitted that the cheque was signed and issued by the petitioner. As the cheque was dishonoured, the petitioner had committed an offence punishable under section 138 read with sec tion 141 of the Act.