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2021 (2) TMI 1305 - MADRAS HIGH COURTDishonor of Cheque - Partnership Firm was dissolved during February 2017 and the subject cheque is said to have been issued by A-2 on 05.05.2017, after the dissolution of the Partnership Firm - allegations made in the complaint does not satisfy the requirements of Section 141 of the Negotiable Instruments Act - HELD THAT:- The issue regarding the dissolution of Partnership firm cannot be gone into by this Court and it is a factual issue which can be decided only in the course of trial. Requirements of Section 141 of the Negotiable Instruments Act - HELD THAT:- In the present case, A-1 is the Partnership Firm and A-2 who is the partner is the signatory of the cheque. The petitioner A-3 has been roped in as an accused since she is a partner of A-1 Firm. The complaint can be prosecuted as against the petitioner only if the allegations made in the complaint satisfies the requirements of Section 141 of the Negotiable Instruments Act. In the present case, the respondent has merely repeated the words used under Section 141 of the Negotiable Instruments Act and there is absolutely no allegation as to how and in what manner the petitioner is incharge and responsible for the conduct of the business. In the absence of such an allegation, the complaint is not maintainable as against the petitioner. The law on this issue is well settled. The proceedings is hereby quashed insofar as the petitioner is concerned - the Court below is directed to complete the proceedings, against the other accused persons within a period of three months from the date of receipt of a copy of this order. Petition allowed.
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