GURDASS SINGH AND OTHERS Vs. KARNAIL SINGH

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 for quashing of criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 (the Act for short) in complaint titled 'Kuljit Kaur vs. M/s Avtar Singh Darshan Singh and others' (Annexure P-1).

(2.) Learned counsel for the petitioners has submitted that petitioners were partners of partnership firm M/s Avtar Singh Darshan Singh ( for short 'the firm'). The said partnership firm was dissolved in the year 2002 and it was converted into company namely A.S.D.S Enterprises Limited, Aligarh ( for short 'the company') w.e.f. 9.4.2002. Petitioners Harjit Singh and Bhupinder Singh were the partners of the company and had resigned on 6.10.2003. Thereafter, new directors were appointed. The cheque in question was issued by Satinder Singh on 21.3.2007 from the account of the firm. Since the firm had already been dissolved in the year 2002, the petitioners could not be held liable for dishonour of the cheque, which was issued by Satinder Singh.

(3.) Learned counsel for the respondent, on the other hand, has submitted that the cheque in question had been issued by Satinder Singh, partner of the firm. The cheque had been issued on behalf of the firm. Petitioners being partners of the firm were liable to be prosecuted for dishonour of the cheque.