Cheque Case Against Firm's Partner Can Be Quashed Only On Strong Evidence That He Didn't Have Any Concern With Issuing Cheque : Supreme Court

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.

"It is well settled that the final judgment of the trial Court will depend on the evidence adduced before it. As there are specific allegations against the respondent no.1 in the complaint and he was admittedly a partner in the partnership firm when the rent deed was executed, he is liable to face prosecution. 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. The case in hand is not of that kind", the Court said while setting aside the High Court judgment.

Riya Bawri vs Mark Alexander Davidson - 2023 LiveLaw (SC) 695 - 2023 INSC 757  

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. 

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