RAM KIRPA CREATION Vs. AJAY KUMAR

JUDGEMENT

(1.) Petitioners have challenged the proceeding under Section 138 of the Negotiable Instruments Act, (for short 'The Act'), initiated on the basis of two cheques dated 24.10.2007, which were dishonoured on presentation by the complainant-respondent Ajay Kumar.

(2.) Counsel for the petitioner submits that as a matter of fact the partnership business of petitioners and respondent was dissolved on 24.10.2007 and that in reply sent by the petitioners to the notice under Section 138 of the Act, the petitioners had clarified that the bank cheques retained by the complainant-respondent during the tenure of business of partnership concern, a false complaint has been filed by misusing the cheques earlier signed by the petitioner as a partner of the complainant-respondent.

(3.) I have heard the counsel for the petitioners. It appears that a dispute regarding the rendition and settlement of accounts amongst the partners of firm M/s Ram Kirpa Creation which was dissolved w.e.f., 24.10.2007, have a number of civil liabilities accruing from the dissolution of partnership concern, the petitioner may be having a good defence but it will be pre-mature to enter the disputed questions of facts in the exercise of inherent powers under Section 482 Cr.P.C.