BINDU DAVID GEORGE Vs. MALANADU DEVELOPMENT SOCIETY

JUDGEMENT

(1.) The 1st respondent herein, Malanadu Development Society, filed C.C. 101 / 01 before the J.F.C.M. Court - I, Kanjirappally against the 1st accused M/s. Kamadenu Milk and Milk Products, Kuttikattukulangara, partnership firm and its three partners alleging commission of an offence under S.138 of the Negotiable Instruments Act, as the cheques issued by the 2nd accused, the managing partner of the firm, had been dishonoured due to insufficiency of funds in the account of the firm. The 3rd accused, who was one of the partners of the firm, filed C.M.P. 3873/02 stating that she was only a sleeping partner of the firm and she had nothing to do with the issuance of the cheque and the conduct of the business of the firm and as such she should be discharged of the alleged offence. The court below, after considering the allegations in the complaint, rejected the above prayer. Aggrieved by the above order, the 3rd accused has come up in - revision.

(2.) Heard the learned counsel for the revision petitioner, the 1st respondent and also the learned Public Prosecutor.

(3.) The main argument advanced by the learned counsel for the petitioner was that the petitioner was only a sleeping partner of the firm and was not responsible for the issue of the cheque and a complaint under S.138 of the Negotiable Instruments Act would be maintainable only against the firm and also the managing partner who issued the cheque. It was further submitted that the 3rd accused who was not responsible for the issue of the cheque was not liable to be proceeded against under S.138 of the Negotiable Instruments Act and as such the proceedings initiated against the petitioner will have to be stopped or dropped. The learned counsel for the 1st respondent complainant submitted that all the partners of the firm who are responsible for the conduct of the business of the firm are liable to be proceeded against in view of S.141 of the Negotiable Instruments Act. It was further submitted that by S.141 of the Act all the partners of a firm who are responsible for the conduct of the business of the firm who are responsible for the conduct of the business of the firm who are responsible for the conduct of the business of the firm shall be deemed to have committed the offence and as such all of them can be proceeded for the offence under S.138 of the Act. S.141 of the Act reads :