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2020 (8) TMI 215 - HC - Indian LawsDishonor of cheque - insufficiency of funds - acquittal of accused - Section 141 of the Negotiable Instruments Act - HELD THAT:- Explanation (a) to Section 141 of the Negotiable Instruments Act clearly says that 'Company' means any body corporate and includes a firm or other association of individuals. Explanation (b) says that 'Director' in relation to a firm means a partner in the firm. The 2nd accused also contented that there is no evidence in this case to prove the execution of the cheque. Therefore, even though this is an appeal against the acquittal, an accused can take any contention in his favour before this Court. It is an admitted case that, the 1st accused in this case is M/s. Sea Wings Shipping & Others, Willingdon Island represented by its Managing Partner Mr. Varghese Philip. Mr. Varghese Philip is the 2nd accused - Since 1st accused is a firm, only fine was imposed. The conviction and sentence imposed on the 1st accused is not challenged by the 1st accused. 1St accused is represented by the 2nd accused. The conviction and sentence imposed on the 1St accused became final. In such circumstances, the 2nd accused, who is actually representing the 1st accused cannot contend in an appeal against acquittal of the 2nd accused to the effect that, the execution of the cheque is not proved, especially when the conviction and sentence against the 1st accused under section 138 of the Negotiable Instruments Act became final. The 2nd accused also committed an offence under section 138 of the Negotiable Instruments Act. The trial Court imposed a fine of ₹ 5,000/- to the 1st accused because 1st accused is a partnership firm. 2nd accused is the Managing Partner of the firm - the 2nd respondent/2nd accused is convicted under section 138 of the Negotiable Instruments Act - appeal allowed.
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