IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 16.04.2010 CORAM THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.Nos.28752 and 35574 of 2007 and M.P.Nos.1+1 and 2 of 2007 1.G.M.P.Garments represented by its Partner, S.Palanisamy 2.S.Palanisamy ..1 & 2 Petitioner in both Crl.O.P. No.28752/07 and 35574/07 1.S.Palanisamy ..Respondent in both Crl.O.P.No.35574/07 Vs R.Ilanselian ..Respondent in both Crl.O.Ps. Prayer Crl.O.P.No.28752 of 2007: Criminal Original Petition filed under section 482 of Criminal Procedure Code praying to call for the records from the file of the learned Judicial Magistrate I, Tiruppur in S.T.C.No.2115 of 2007 and quash the said complaint as against the petitioners / A1 and A2. Crl.O.P.No.35574 of 2007: Criminal Original Petition filed under section 482 of Criminal Procedure Code praying to call for the records from the file of the learned Judicial Magistrate I, Tiruppur in S.T.C.No.2114 of 2007 and quash the said complaint as against the petitioner/ A3. For Petitioners (in Crl.O.P.No.28752/07) : Mr.M.Balasubramanian For Petitioner (in Crl.O.P.No.35574/07) : Mr.J.Franklin For Respondent : Mr.K.Govi Ganesan https://hcservices.ecourts.gov.in/hcservices/ C O M M O N O R D E R These two petitions challenge the prosecution for offences under Section 138 of the Negotiable Instruments Act (hereinafter referred to as Act). The petitioner (S.Palanisamy) in both cases is the same and stands arrayed as one of the accused in cases pending in S.T.C.Nos.2114 and 2115 of 2007 on the file of the learned Judicial Magistrate I, Tiruppur. 2.The respondent/complainant has upon dishonour of two cheques issued in his favour and keeping with Section 138 of the Act, caused the two complaint cases. In both cases, the 1st accused is a partnership concern and both partners thereof, one of whom is the petitioner before us have been arrayed as accused. A perusal of the complaints inform that the 1st accused firm borrowed money from the respondent/complainant. The partnership business was closed and the liabilities of each of the partners i.e., the petitioner before us as also the other partner was arrived at and towards their respective dues, they have issued cheques. 3.The contention is that once cheques have been issued by each of the partners towards their respective liabilities as determined between themselves and to the knowledge of the respondent/complainant, then the question of the cheque having been issued by each of them towards the liabilities of the partnership cannot arise. 4.I have heard the learned counsel for the respondent/complainant on the submissions made by the learned counsel for the petitioners. 5.I am of the considered opinion that the contention is well made and has to be accepted. The factual position is this: i.The cheque which gave rise to the complaint in S.T.C.No.2114 of 2007 was not issued by this petitioner. Accordingly, the Criminal Original Petition is to be allowed. The proceedings in S.T.C.No.2114 of 2007 on the file of the learned Judicial Magistrate I, Tiruppur shall stand quashed in so far as this petitioner is concerned. ii.Crl.O.P.No.28752 of 2007 arises out of S.T.C.No.2115 of 2007, wherein the cheque has been issued by the petitioner herein. Hence, such Criminal Original Petition shall stand dismissed. 6.In the result, i.the Crl.O.P.No.35574 of 2007 is allowed. ii.the Crl.O.P.No.28752 of 2007 is dismissed. 7.These Criminal Original Petitions are ordered accordingly. Consequently, the Connected miscellaneous petitions are closed. https://hcservices.ecourts.gov.in/hcservices/ 8.The learned counsel for the respondent would inform that the case has been pending before the lower Court for a long time and prays that a direction be issued for early disposal of the case. The lower Court is directed to dispose of the case before it within a period of three months from the date of receipt of a copy of this order. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. gm To 1. Judicial Magistrate I, Tiruppur 2. -do- Through the Chief Judicial Magistrate, Coimbatore + 1 cc to Mr.J.Franklin, Advocate Sr 25434 + 1 cc to Mr.K.Goviganesan, Advocate Sr 25204 Crl.O.P.Nos.28752 and 35574 of 2007 and M.P.Nos.1+1 and 2 of 2007 RSY (CO) RH (10.5.10) https://hcservices.ecourts.gov.in/hcservices/