TMI Blog2021 (12) TMI 666X X X X Extracts X X X X X X X X Extracts X X X X ..... n, if any, in favour of Sh. Hem Raj - Appeal allowed by way of remand. - Criminal Appeal No. 200 of 2019 - - - Dated:- 6-12-2021 - Jyotsna Rewal Dua, J. For the Appellant : Maan Singh, Advocate For the Respondents : Adarsh K. Vashista, Advocate JUDGMENT This appeal arises out of the judgment passed by learned Judicial Magistrate 1st Class, Manali, District Kullu, on 27.03.2019, whereby, the respondent/accused was acquitted of the charges for the commission of offence under Section 138 of Negotiable Instruments Act. 2. I have heard learned counsel for the parties and gone through the record of the case. 3. A criminal complaint under Section 138 of the Negotiable Instruments Act was filed by the firm M/s. R.V. Har ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers has not been established on record and there were two partners in the firm as per CW-1 nor there is anything to show that he was having authority to appoint said SPA for the purpose of filing of the complaint and hence, it can be safely stated that it has not been proved that he was authorized person for the purpose of filing the complaint. 4. During hearing of the case, learned counsel for the appellant invited attention to Cr. MP No. 758 of 2019 filed by the applicant/appellant under Section 391 of Code of Criminal Procedure for placing on record certain additional documents. The documents sought to be produced through this application are: (i) partnership deed dated 09.10.2009, whereunder Sh. Rinchen Thomas is stated to be one o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing aggrieved against the acquittal of the respondent alongwith the main appeal had also filed an application Cr. MP No. 464 of 2018 under Section 391 Cr.P.C. for placing on record the copy of partnership deed by way of additional evidence. After considering the exposition of law laid down on the subject, it was held that the appellant/applicant (therein) ought to be granted one chance to place and prove on record the partnership deed. Accordingly, Cr. MP No. 464 of 2018 moved by the appellant (therein) was allowed. In respect of the second question regarding effect of non-registration of the firm, after referring to long line of decisions of various Hon'ble Courts, the Co-ordinate Bench of this Court held as under:- 26. From th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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