The complaint lacked proper foundation and was defective, leading to its quashing.

, J.

1. 1st respondent - Sohan Lal Viz lodged a complaint under Sec.138 of the Negotiable Instruments Act (Annexure P -1)before the Judicial Magistrate 1st Class, Jalandhar against petitioners- (1) M/s. Kumar Rubber Industries, (2) Ashok Kumar Viz (partner of Kumar rubber Industries) and 2nd respondent-Mrs. Neelu Viz (also partner of Kumar rubber Industries), wherein the following material allegations are found.

2. The complainant-Sohan Lal, his sons Ashok Kumar, Arun Kumar and neelu wife of Ashok Kumar were partners of the firm-M/s. Kumar tries as per the partnership deed dated 1.10.1995. On account of disputes amongst the partners, complainant-Sohan Lal and his son-Arun Kumar retired from the partnership by the retirement deed dated 17.6.1996. At that time, the account of the partnership were gone into and a sum of rs.5,18,698.33 was found due to the complainant from the partnership by way of his share of the assets which he was surrendering to the continuing partners. This amount was payable by the containing partners namely, Ashok kumar and Neelu and in order to discharge the above said liability, Ashok kumar issued cheques detailed as follows : (1) No.466337 dated 18.11.1996 for Rs.95,561/-, (2) No.466338 dated 23.12.1996 for Rs.1,23,137.33, (3) No.466339 dated 23.1.1997 for Rs.1,50,000/-, (4) No.466340 dated 28.2.1997 for Rs.1,50,000/-. In favour of the complainant drawn on Canara Bank Jalandhar for and on behalf of the firm and the partners. At the time of issuing the cheques, the accused assured that they would be honoured. The accused after issuing the cheques, requested the complainant to delay the presentation of these cheques for some time as he had not been able to arrange for the requisite funds to meet the cheques, which request was conceded by the complainant.

3. On 24.2.1997, accused handed over to the complainant a banker cheque No.800757 dated 24.2.1997 for Rs.63,561/- issued by Canara bank, Mai Hiran Gate, Jalandhar and told him to adjust the said payment towards cheque No.466337 dated 18.11.1996 promising that the balance amount of the cheque would be paid in cash on the next day but he did not do so.

4. The complainant presented the aforesaid four cheques in Canara Bank, mai Hiran Gate, Jalandhar City through his bankers - Punjab National Bank, jalandhar City for encashment but they were returned uncashed by memos dated 28.2.1997 and 18.3.1997 with the remarks that there was no sufficient balance to meet these cheques. The complainant got a legal notice dated 18.3.1997 issued to the accused through registered post calling upon them to make the payment on account of the dishonoured cheques, but they have failed to do so. Accused - Ashok Kumar and Neelu are actively engaged in the day to day business of the firm and are thus responsible for the conduct of the business of the firm. Therefore, they along with the firm, are liable for the commission of the offence punishable under Sec.138 of the negotiable Instruments Act.

5. Taking into consideration the preliminary evidence and the materials placed the learned J. M. I. C. , Jalandhar ordered the accused to be summoned under Sec.138 of the Negotiable Instruments Act by order dated 9.8.1997 (Annexure P-2 ).

6. The petitioners have, therefore, approached this Court under Sec.482 Cr. P. C. for quashing the complaint (Annexure P-1) and the summoning order (Annexure P-2) wherein they have mainly alleged as follows :-

7. The accounts were settled and post-dated cheques were issued. However, after the execution of the retirement deed dated 17.6.1996, some disputes arose between the parties as the properties owned by the firm were illegally held, for which the petitioner had to seek the help of the police to settle the pending dispute. The amount covered by Cheques No.466337 to 46634 was duly received and the receipts against these cheques were also issued in favour of the petitioner. Another sum of Rs.63,651/- was also given to the respondent by way of banke