SAI TRACTORS Vs. SAI TRACTORS BINA

JUDGEMENT

(1.) With consent the matter is finally heard.

(2.) According to the petitioners, their prosecution for the offence is an abuse of the process of the Court as the cheque was not issued for discharge of legally recoverable debt or liability. To buttress the contentions, reference has been made to the following background facts -

(3.) In support of the contention that the complaint as to dishonour of cheque made by unregistered partnership firm viz. the respondent, is not maintainable, learned Counsel for the petitioner has placed implicit reliance on a Division Bench decision of the Andhra Pradesh High Court in Mr. Amit Desai v. M/s Shine Enterprises, 2000 CrLJ 2386.