CHINAR MOTELS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. seeking quashing of Complaint No. 338 of 2009 pending in the court of Additional Chief Judicial Magistrate, Bandikui, Dausa for the offence under Section 138 of Negotiable Instruments Act.

(2.) Mr. Pankaj Gupta, the learned counsel for the respondent has drawn attention of this Court to the Complaint Annexure-4. In Para-5 of the said complaint, it has been specifically stated that as a consideration for retirement of the complainant as a partner, amount of Rs. 7 lakhs was agreed to be paid to the respondent no. 2. It is submitted that in pursuance of the said agreement, amount of Rs. 3 Lakhs was given as cash and four cheques each amounting to Rs. 1 Lakh were given to the complainant-respondent retiree partner. However, the said cheques on presentation had bounced. Para 5 of the Complaint (Annexure-4) reads as under:- HINDI MATTER

(3.) The learned counsel for the petitioners has submitted that no dissolution deed of partnership has been placed on record, therefore, bald oral assertion made in above Para 5 cannot be taken into consideration. It is contended that document or dissolution deed ought to have been placed on record to fortify the averments made in the complaint.