ash 1 crwp-245.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL WRIT PETITION NO. 245 OF 2010 Pal Enterprises and Others. .. Petitioners Vs Kanchan P. Khanna & Anr. .. Respondents -- Shri Sachin Chandan h/f Shri Harshad Bhadbhade for the Petitioners Shri A.R. Patil, AGP for the State. -- CORAM : A.S. OKA, J DATED : 28TH SEPTEMBER, 2011 P.C. . Heard learned counsel appearing for the Petitioners. The Petitioners have been arraigned as Accused in a private complaint filed by the first Respondent for an offence punishable under Section 138 read with 141 of the Negotiable Instruments Act, 1881. The first Petitioner is described as a partnership firm and the second to fourth Respondents have been described as the partners of the said firm. The process has been issued on the said complaint by the learned Magistrate. The order of issue of process has been confirmed in the revision application preferred by the Applicant. 2. The first contention of the Petitioners is that by a Deed of ash 2 crwp-245.10 Retirement dated 28th October, 1997, the fourth Petitioner had retired as a partner. The second contention is that there are no material averments made in terms of Section 141 of the said Act of 1881. 3. As far as the first contention is concerned, there is nothing on record to show that the entry of retirement of the fourth Petitioner was made in the Registrar of Firms. As far as the second contention is concerned, there are material averments made in Paragraph 7 of the Complaint which make substantial compliance of the requirement of Section 141 of the said Act. 4. Hence, no case is made out for interference. The Writ Petition is rejected. However, all contentions of the parties on merits of the complaint are kept open. ( A.S. OKA, J )