O R D E R

This Criminal Original Petition is filed by the petitioner in S.T.C.No.60 of 2024 on the file of Judicial Magistrate (Fast Track Court No.II), Erode for the offence under Section 138 of Negotiable Instruments Act.

2. The criminal complaint is initiated by the respondent/Complainant who is the Managing Partner of Sri Senthur Finance for the offence under Section 138 of N.I Act. The petitioner has borrowed a sum of Rs.1,25,000/- and issued post dated cheque bearing No.000335 on 01.09.2023. The subject cheque for a sum of Rs.1,25,000/- alleged to have been given by the petitioner to discharge the liability, on presentation was dishonoured, hence the complaint been lodged.

3. According to the petitioner, she and her husband are Partners of Sri Yoga Murugan Finance and Sri Senthur Finance. In the course of transaction, unfilled cheques left in the firm been misused by the present Managing Partner to institute the criminal complaint against them. It is also stated that suit for dissolution of partnership is pending and therefore, there cannot be criminal prosecution between the partners.

4. The Learned Counsel for complainant submits that the partnership and suit for dissolution of