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, 1881 by the respondent No. 1 against him.

(3.) The facts of the case are rather peculiar and are briefly stated below : The petitioner and the complainant were carrying on business in partnership in the name and style of "M/s Shantakrupa Corporation" (for short "the firm") under a written deed of partnership dated 14th December 1996. On 16th June 2001, the firm issued a cheque bearing No. 568699 to the complainant. The cheque was signed on behalf of the firm by the petitioner as its partner. The cheque on presentation was dishonoured. After a notice of demand, the complainant filed a complaint to the Magistrate under section 138 read with section 141 of the Negotiable Instruments Act (for short "the Act"). The firm was not joined as a party accused, but only the petitioner was arrayed as an accused.