vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.505 OF 2008 WRIT PETITION NO.505 OF 2008 WRIT PETITION NO.505 OF 2008 Charu Bharat Kansara ... Petitioner V/s. Suresh C. Shah & Anr. ... Respondents Mr.A.P. Steenson for Petitioner Mr.K.N. Joshi for Respondent No.1 Mr.D.P. Adsule, APP, for Respondent No.2 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: APRIL 3, 2008 APRIL 3, 2008 APRIL 3, 2008 P.C.: P.C.: P.C.: . This petition has been filed by accused No.3 contending that she was not a partner of the firm Trypack Industries when the cheques in question were issued by the firm to the complainant. These cheques were apparently issued by one of the partners on 2.4.2002. The deed of retirement by which the Petitioner has retired from the partnership is placed on record and is dated 5.9.2001. The extract from the register of firms which is also produced on record indicates that accused No.3 retired on 15.6.2001. Prima facie, it appears that despite this, the cheque has been signed by Bharat Nathalal Kansara and issued on behalf of the firm, Trypack Industries as its partner. 2. In these circumstances, it is not possible to quash the proceedings i.e. criminal complaint No.1238/S of 2003 as against the Petitioner/accused No.3 at this : 2 : stage. The Sessions Court has not erred in rejecting the revision application nor has the Metropolitan Magistrate erred in issuing process to the petitioner as a prima facie case appears to have been made out against the petitioner. Therefore, the Petition is rejected. 3. In view of the disposal of the Writ Petition, nothing remains in Criminal application No.74 of 2008 and the same is dismissed.