S N VIRMANI Vs. SOM DISTILLERIES LTD

JUDGEMENT

(1.) THESE petitions, under Section 482 of the Code of Criminal Procedure (for short 'the Code'), are interrelated as arising from the same transaction leading to filing of three complaints against the petitioner and six other accused persons including firm M/s Jai Matadi Enterprises (hereinafter referred to as "the accused-firm") for dishonour of respective cheques. A common prayer has been made in all the petitions for quashing the corresponding criminal proceedings pending before Chief Judicial Magistrate, Bhopal as R.T. Nos. 6387/2004,4628/2004 and 8407/2004 respectively. In those cases, cognizance of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for brevity "the Act") was taken against the petitioner upon complaints made on behalf of respondent-company namely M/s. Som Distilleries Limited (hereinafter referred to as "the complainant-company"). For the sake of convenience, the relevant particulars of the cheques may be tabulated as under: <IMG>JUDGEMENT_78_MPHT4_2010Image1.jpg</IMG>

(2.) ALLEGATIONS as contained in the complaints may be summarized thus:

(3.) AT the outset, it may be observed that the petition is silent on the point as to whether any deed was executed to constitute the partnership. Further, there is nothing on record to suggest that duration of the partnership was undefined. In such a situation, it is not possible to hold that the accused-firm was brought into existence as a partnership at Will. This apart, the fact that the cheques in question were issued for and on behalf of the firm for being encashed from its account only is sufficient to raise presumption that death of Rakesh Raman Khurana had not caused dissolution of the partnership.