V SUNDARAM Vs. E SANTHALINGAM

JUDGEMENT

(1.) This Criminal Revision has been filed by the petitioner against the order of the learned Judicial Magistrate in Crl.M.P.No.5307 of 2003 in C.C.No.341 of 2003 dated 09.10.2003.

(2.) The brief facts of the case are as follows: The respondent has filed a complaint against the petitioner who was a partner of the company for dishonour of cheque dated 21.01.2003 for a sum of Rs.5 lakhs. The revision petitioner filed Crl.M.P.No.5307 of 2003 under section 245 of Cr.P.C., to discharge the petitioner on the ground that ever since 30.11.99 he was not a partner in the firm viz., M/S.Shree Arunachaleswarar Mills and that therefore he is not liable for the liability of the partnership firm. The learned Judicial Magistrate No.2, Coimbatore dismissed the application filed by the revision petitioner. Aggrieved over the same this revision has been filed.

(3.) Learned counsel for the petitioner would contend that on the date of issue of the cheque which is the subject matter of this case, the petitioner was not partner in the firm and in support of the said contention has produced Form-A dated 4.12.2003. He has not produced any paper publication to show that the partnership was dissolved with effect from 25.10.2002 or he retired from the partnership from 30.11.1999. Learned counsel for the petitioner though did not dispute the signature in the cheque, would contend that in as much as the petitioner was not a partner of the firm, he could not be held liable for the liability of the firm and therefore, he should be discharged from the offence alleged against him under section 138 of Negotiable Instruments act. In the Form-A dated 4.12.2003 the name of the petitioner does not find a place. But the borrowal of the amount was on 27.12.2001 and according to the complaint, after repeated demand the petitioner is said to have issued the cheque only on 21.01.2003 for a sum of Rs.5 lakhs. Section 72 of Indian Partnership Act runs as follows: