Crl. Misc. No.M-29328 of 2010 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-29328 of 2010 (O&M). Decided on: October 05, 2010. M/s Ram Kirpa Creation and another .. Petitioners VERSUS Ajay Kumar .. Respondent * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Anil Kumar Garg, Advocate, for the petitioners. M.M.S. BEDI, J (ORAL). 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. 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 . . . 1 Crl. Misc. No.M-29328 of 2010 (O&M) 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. 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. In the interest of justice, I deem it appropriate to dispose of this petition with a direction that in case the petitioner moves an application for exemption from personal appearance, the trial Court after accusation of notice would allow the same subject to any condition imposed by the said Court. It will be open to the trial Court in such eventuality to record the evidence in the presence of counsel for the petitioners as per the provisions of Section 273 Cr.P.C. It will be appreciated in case the proceeding under Section 138 of the Act, are concluded expeditiously preferrably within a period of one year. It is not out of place to mention here that since the partnership deed and the dissolution deed dated 24.10.2007, are part . . . 2 Crl. Misc. No.M-29328 of 2010 (O&M) of the record, it will be open to the trial Court to consider the said documents and pass appropriate order at the time of issuance of notice of accusation. (M.M.S.BEDI) JUDGE October 05, 2010. rka . . . 3