MANISH KUMAR Vs. ASHOK KUMAR

JUDGEMENT

(1.) This petition under Sec. 482 of the Code of Criminal Procedure has been filed seeking quashing of (i) complaint titled Ashok Kumar Vs. M/s Vishwa Nath Industries & others (Annexure P-1); (ii) order dated Nov. 4th, 2003 (Annexure P-2) passed by Judicial Magistrate First Class, Ludhiana whereby petitioner was summoned to face trial under Sec. 138 of Negotiable Instruments Act; (iii) order dated May 27th, 2005 dismissing the application of the accused under Sec. 245 of the Code for discharging the accused (Annexure P-3) and; (iv) order dated Feb. 17th, 2009 of Additional Sessions Judge, Ludhiana, whereby revision filed by the petitioner against order (Annexure P-3) was dismissed.

(2.) The solitary contention of learned counsel for the petitioner-accused is that the petitioner merely issued the cheque in the capacity of an authorised signatory of the partnership firm M/s Kamal Iron and Steel Industries. He was not in charge of the affairs of the firm. Hence, he is not liable at all.

(3.) Indisputably, the accused was a partner in the aforesaid firm. As regards the extension and restriction of partner's implied authority, reference may profitably be made to Sec. 20 of the Partnership Act, 1932. It reads as under:-