RAMANEE NARAYANAN Vs. C.K.MUKUNDAN

JUDGEMENT

(1.) Precisely, the question to be considered here is whether the Partnership Firm of which the accused before the court below was the Managing Partner had also to be arraigned as an accused to maintain a complaint before the court below filed under Section 142 of the Negotiable Instruments Act (for short 'N.I. Act') alleging an offence punishable under Section 138 of the N.I. Act?

(2.) Challenging the judgment of acquittal passed by the Chief Judicial Magistrate's Court, Palakkad in S.T.Case No.989/2008, the complainant before the court below has come up in appeal. The complainant is a businessman dealing in computers and accessories. He had supplied computers and accessories to the Partnership Firm named 'Souwbhagya Associates', Palakkad, of which the accused was the Managing Partner, and one Smt. V.A. Suseela was one of the Partners. In fact, the accused and the said Smt. V.A. Suseela were doing business in the Firm named 'Souwbhagya Associates'.

(3.) Through various purchases, an amount of 14,32,325/ - fell due to the complainant. The accused being the Managing Partner and the said Smt.V.A. Suseela, who was the other Partner of the Firm, had shouldered the responsibility, and took over the liability to discharge the said debt and they issued three cheques to the complainant. The accused issued Exhibit -P1 cheque for 5,00,000/ - and another cheque for 5,00,000/ - by undertaking the liability to discharge an amount of 10,00,000/ - out of the total amount, from his individual account. Smt.V.A.Suseela issued another cheque for the balance amount of