KHATEMA FIBRES LTD Vs. NK PAPER TUBE INDUSTRIES

JUDGEMENT

(1.) This is an appeal under Section 378(4) of the Cr.PC against the order dated 15.2.2011 passed by learned MM, New Delhi in CC No.139/1.

(2.) The appellant herein filed a complaint on 19.5.1997 in the Court of learned MM under Section 138 of the Negotiable Instruments Act ("the Act" for short) against respondent no.1 M/s NK Paper Tube Industries and its partner Mr. Krishan Kumar Lohia for dishonor of the cheque dated 29.8.1997 which was signed by the partner Mr. K.K. Lohia for an amount of Rs.4,08,971/- in favour of the appellant. The cheque got dishonoured on account of instructions of 'stop payment'. In the said complaint, the evidence of the complainant post notice was recorded and the statement of respondent Mr. K.K. Lohia was also recorded. It was brought to the notice of the court that since the partnership consisted of only two partners i.e. Mr. K.K. Lohia and his father Mr. N.K. Lohia, and the later having passed away on 28.2.2001, the partnership stood dissolved. Subsequently, during the pendency of the complaint Mr. K.K.Lohia also died on 19.5.2003

(3.) The partnership deed which was executed between Mr.K.K. Lohia and his father Mr. N.K. Lohia on 19.12.1994 had clause (13) which reads as under:-