The Supreme Court observed that a cheque case against a partner of the firm cannot be quashed under Section 482 CrPC unless there is unimpeachable and incontrovertible evidence that he/she did not have any concern with the issuance of cheques.
The High Court had quashed the summoning order against a partner of the firm taking into account the materials which indicated that on the dates when the cheques were issued for discharging the liability for payment of rent for the premises taken by the firm, he had already retired from the firm and a Retirement Deed in that regard was executed.
Disagreeing with this view, the Apex Court bench of Justices Hima Kohli and Rajesh Bindal observed that the Retirement Deed sought to be produced by the partner for quashing of the summoning order and the complaints could not be taken on its face value, and treated as clinching evidence to quash the complaints. It is not the case set up by him that in the Partnership Deed it is mentioned that he was a sleeping partner in the firm, the Court noted.
Code of Criminal Procedure, 1973 ; Section 482 – Cheque complaint against partner of a firm – Powers under Section 482 of the Code can be exercised by the High Court in case when it comes across unimpeachable and incontrovertible evidence to indicate that the partner of the firm did not have any concern with the issuance of cheques.
