ABDUL GAFOOR Vs. ABDURAHIMAN

JUDGEMENT

(1.) This Criminal R.P. is filed by the accused in S.T. No. 11464 of 1993 of the Judicial First Class Magistrates Court - II, Kozhikode. The accused is the revision petitioner. He was prosecuted for the offence punishable under S.138 of the Negotiable Instruments Act on the basis of the complaint filed by the 1st respondent. The allegation was that for an amount of Rs. 20,000/- due from the revision petitioner to the 1st respondent, he issued a cheque dated 5.6.91 to the 1st respondent. When the cheque was presented for encashment it was bounced. The revision petitioner did not pay the amount in spite of a registered notice intimating about the dishonour of the cheque and calling upon him to pay the amount.

(2.) The Trial Court found revision petitioner guilty of the offence punishable under S.138 of the Negotiable Instruments Act, convicted and sentenced to undergo rigorous imprisonment for three months, by judgment dated 28.2.96. In Criminal Appeal No. 65 of 1996 preferred by the revision petitioner, the Sessions Court, Kozhikode by judgment dated 30.4.97 varied the sentence and the revision petitioner was sentenced to pay a fine of Rs. 35,000/- instead of the term of imprisonment. The appellate court directed that in the event of realisation of fine amount, Rs. 30,000/- should be paid to the 1st respondent, complainant. This revision is preferred against the judgment in the appeal.

(3.) The counsel for the revision petitioner submitted that the 1st respondent being an unregistered partnership firm, the above prosecution is not sustainable under S.69(2) of the Indian partnership Act. The effect of non registration of the Partnership Firm under S.69 of the partnership Act is applicable only to cases involving civil rights and it has no application to criminal cases. Therefore, the contention of revision petitioner that the prosecution in this case is not sustainable under S.69(2) of the Indian Partnership Act is not acceptable.