S.R. Singharavelu, J. —This petition is to quash the private complaint filed in C.C. No.923 of 2004 pending trial before the Court of learned Judicial Magistrate, Karur.

2. That complaint was filed on 20-1-2004 by one R. Ramalingam son of Ramasamy represented by his Power of Attorney, Mr. Subramani describing himself as complainant. The complaint was filed against A.1, i.e. a partnership firm in the name of M/s. Century Food Industries and A.2, the Managing Partner and his wife A.3; along with them, two other persons, the petitioners herein were also arrayed as A.4 and A.5.

3. That complaint was lodged for bouncing of a cheque dated 13-10-2003 for a sum of Rs. 56,00,000/- issued by A.2 in favour of the complainant and therefore, the complaint was preferred under Section 138 of Negotiable Instruments Act.

4. Learned counsel for petitioners submitted that the cheque was issued on 13-10-2003 and the petitioners retired themselves even on 31-3-2003 and Form-A filed before the Registrar of Firms, Karur, also would show the same in proof of their resignation on 31-2-2003. Learned counsel for petitioners argued that when the petitioners A. 4 and A. 5 have the resigned themselves f