Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (9) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (9) TMI 380 - HC - Indian LawsDishonor of Cheque - acquittal of the accused - liability of retired partner from the partnership firm - preponderance of probability - rebuttal of the statutory presumption under Section 139 Negotiable Instrument Act - retirement deed explicitly say that the retiring partners will have no responsibility on the existing debts. - HELD THAT:- The cheque is signed by one of them as partner. Retirement from the partnership firm subsequent to presentation of cheque will not exonerate the accused persons who had given the cheque when they were at the helm of affairs of the company on the date of presentation of cheque. The cheque was returned on the instruction of the accused to stop payment. Therefore, omission to issue statutory notice to other partners, who came to be inducted in between issuance of cheque and collection of the money, cannot be a reason for acquitting the accused, when it is specifically pleaded that they had actively participated in the transaction and issued the cheque. The statutory notice is issued to the Firm and its two partners. The two partners, who are the accused had replied saying that, they are no more partners of the firm. To the notice addressed to the Firm, no reply by the existing partners, who were administering the company. D.W-4, who is one of the existing partners had mounted the witness box but had admitted that, he have no knowledge about the partnership Firm or its partners. Therefore the Lower Appellate Court judgment acquitting the accused by reversing the well considered judgment of the Trial Court is liable to be set aside for being contrary to law and facts. The Criminal Appeal is Allowed.
|