Siby Thomas vs Somany Ceramics Ltd. - 2023 Supreme(SC) 1028

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 1028

C. T. RAVIKUMAR, SANJAY KUMAR
Siby Thomas – Appellant
Versus
Somany Ceramics Ltd. – Respondent

Advocates appeared:
For the Appellant(s) : Mr. Wills Mathews, Adv. Mr. Dhanesh M Nair, Adv. Mr. Paul John Edison, Adv. Ms. Shweta Garg, AOR
For the Respondent(s): Mr. Vipin Kumar Jai, AOR

JUDGMENT :

C.T. RAVIKUMAR, J.

1. Leave granted.

2. This Appeal by accused No.4 in the complaint filed by the respondent herein under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (for short ‘the NI Act’) is directed against the order dated 06.12.2019 in CRM-M No.52299 of 2019 passed by the High Court of Punjab and Haryana at Chandigarh. As per the impugned order the High Court declined to quash the complaint qua the appellant in exercise of the power under Section 482 of the Code of Criminal Procedure (for short ‘Cr.PC’).

3. Heard the learned counsel appearing for the petitioner and learned counsel appearing for the respondent.

4. Virtually, the appellant set up twin grounds to seek quashment of the complaint against him; firstly, that he had resigned from the partnership firm on 28.05.2013 whereas the cheque in question was issued on 21.08.2015 and secondly, that the complaint is devoid of mandatory averments required to be made in terms of sub-Section 1 of Section 141 of the NI Act, as relates him. The High Court found that the contention in regard to the maintainability of the complaint against the appellant, owing to his retirement from the partnership fi