H.L. VIJAYAKUMAR S/O. SRI H.S.L. NARAYAN AND MR. S. PRADEEP S/O. SRI. H.S. SUBBANNA Vs. MR. DINESH D. JAIN S/O. MR. DALLICHHAND M. JAIN, PROPRIETOR, VARDHAMAN TELECOM

JUDGEMENT

(1.) HEARD learned Counsel on both sides and perused the petition papers.

(2.) RESPONDENT herein filed a complaint in PCR No. 388/2002 on the file of the JMFC -II Court at Hassan against the petitioners and 2 others alleging commission of an offence punishable under Section 138 of the Negotiable Instrument Act. The said complaint has now been registered as C.C. No. 890/2004. In that complaint, it is alleged that the petitioners herein are the partners of firm M/s Gateway Suvama Arcade, B.M. Road, Hassan and towards discharge of their liability, one of the partners of the firm viz., Mr. S.S. Ravishankar, issued a cheque bearing No. 577805 dated 5.10.2002 for a sum of Rs. 50,000/ - drawn on Vijaya Bank Ltd., Hassan branch in favour of M/s Vardhaman Telecom, which is a proprietary concern or the complainant. The said cheque having not been honoured by the banker on which it was drawn, after issuing the statutory notice and in view of non payment, the complaint was lodged, which was taken cognizance of and the case is registered and process issued to all the 4 accused persons. The petitioners are seeking quashing of proceedings in the said case insofar as they are concerned.

(3.) SINCE the cheque in question has not been issued by the partnership firm and apart from that the petitioner has not signed the cheque nor responsible for payment of the cheque in question, it cannot be said that prima facie case is made out as against the present petitioner/accused No. 3 for the offence under Section 138 of the Negotiable Instruments Act. Therefore, the petitioner is entitled to succeed.