SIBY THOMAS vs M/S SOMANY CERAMICS LTD

The Supreme Court examined whether a complaint under Section 138 of the Negotiable Instruments Act could be quashed against an appellant who had resigned from a partnership firm prior to the issuance of the cheque. The High Court declined to quash the complaint, stating that the issue of the appellant's resignation and its impact on the complaint was a matter of evidence to be proved at trial. The Court emphasized that the question of maintainability depends on factual evidence, and the complaint could not be dismissed at this stage.