Crl.O.P.No.11339 of 2019

and

Crl.M.P.No.5782 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on :28.10.2022

Pronounced on

:03.11.2022

Coram:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

Crl.O.P.No.11339 of 2019

and

Crl.M.P.No.5782 of 2019

1.P.Dinesh Kumar

2.Periyasamy

.. Petitioners/Accused No.2 and 3

/versus/

M/s Sriram Enterprises,

Rep.by its Managing Partner,

S.G.Natesan through his Power Agent,

K.Srinivasan

S/o Krishnamoorthy,

3-193-Pudukkottai Extention,

Pottirettipatti,

Namakkal Taluk & District.

.. Respondent/complainant

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Crl.O.P.No.11339 of 2019

and

Crl.M.P.No.5782 of 2019

Prayer:

Criminal Original Petition has been filed under Section 482 of

Cr.P.C., to call for the records in C.C.No.265 of 2017 pending before the

Judicial Magistrate No.1, Namakkal, Namakkal District and quash the same.

For Petitioner

:Mr.R.Anbukarasu

For Respondent

:Mr.S.Lakshmanasamy

-----

O R D E R

This Criminal Original Petition is filed by the accused 2 and 3, who

face criminal prosecution for the offence under Section 138 of the Negotiable

Instruments Act, 1881 in connection with a cheque dated 29.04.2017 drawn

in favour of the complainant for Rs.75,000/- signed and issued by the 2^nd

accused as Managing Partner of the Partnership Firm by name “ M/s Sri

Lakshmi Feeds”.

2.

The case of the complainant is that, the complainant's firm

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Crl.O.P.No.11339 of 2019

and

Crl.M.P.No.5782 of 2019

supplied Animal Husbandry Medicines to the petitioners' Firm and towards

payment of cost, a cheque for Rs.75,000/- dated 29.04.2017 was issued by

the first petitioner, the Managing Partner. The said cheque was presented for

collection and the same was returned with an endorsement “funds

insufficient”. The complaint was lodged and the same was taken on file in

C.C.No.265 of 2017 by the Judicial Magistrate No.1, Namakkal and

summons were issued to the accused persons.

3.

On receipt of the summons, the petition to quash is filed on the

ground that, the Partnership Firm M/s Sri Lakshmi Feeds was incorporated

and consisting of Balasubramaniam, Babu Saravanan, S.P.Kumaravel,

K.Ramesh, Kanagaraj and P.Dinesh Kumar. The firm was registered in

No.935 of 2014 before the Registrar of Firms on 01.11.2014. One

Mr.C.Periyasamy, was inducted into the partnership firm on 31.08.2015.

Subsequently, on 01.09.2015, except Periyasamy and his son Dinesh

Kumar, rest of the partners retired from the firm. Till 11.03.2017 the firm

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Crl.O.P.No.11339 of 2019

and

Crl.M.P.No.5782 of 2019

was run by its partners Periyasamy and Dinesh Kumar. After that date, the

firm was reconstituted, Savitha and her husband Chetan Kumar were

induced as partners, Periyasamy and Dinesh Kumar were retired. The

creditors of the firm were informed about the retirement deed dated

15.03.2017 and the reconstitution deed dated 16.03.2017, wherein it has

been agreed by the parties that all the assets and liabilities of the firm

henceforth be taken over by the new partners namely, Savitha and Chetan

Kumar. Cibi Chakravarthy who is one of the witnesses to the deeds of

retirement and reconstitution knows about this fact.

4.

As per the Form-A submitted to the Registrar of Firms on

23.03.2017, the date of reconstitution is mentioned as 15.03.2017.

Therefore, the erstwhile partners of the firm Mr.Periyasamy and his son

Mr.Dinesh Kumar have no control over the firm M/s Sri Lakshmi Feeds,

after 15.03.2017 and not responsible for the liabilities of the firm.

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Crl.O.P.No.11339 of 2019

and

Crl.M.P.No.5782 of 2019

5.

The cheque which is subject matter of the complaint and few

more cheques were signed and kept blank, when the first petitioner was

maintaining the account of the partnership firm as its Managing P