ORAL ORDER
1.0. Heard Mr. Prem Dave, learned advocate for the applicant and Ms. Monali Bhatt, learned Additional Public Prosecutor for the respondent State. Issue Rule making it returnable forthwith. Ms.Bhatt, learned Additional Public Prosecutor waives service of Rule on behalf of the respondent State.
2.0. This application is filed under Section 378(4) of the Code of Criminal Procedure for leave to appeal against the order of acquittal dated 09.03.2022 passed in Criminal Case No.20643 of 2019 by the learned Special Judge (Negotiable Instruments Act), Surat for the offence punishable under Section 138 of the Negotiable Instrument Act.
3.0. Having heard the learned advocate for the applicant- original complainant, the Court prima facie finds that the learned Magistrate has on erroneous ground proceeded to hold the original complainant not being the holder in due course of
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the disputed cheque. Indisputably, the complaint has been filed by the Firm through its partner. The letter of authority has come on record vide Exh.15. The learned Magistrate has not accepted the said document / read as evidence considering the objection of the accused that same has not been drawn on letter pad of the partnership firm. This Court would like to examine the validity of such authority in light of the fact that signatures of the partners has not been challenged as submitted by the learned advocate for the applicant in cross examination. Even otherwise, as per Section 18 of the Partnership Act, partner is treated as agent of the firm for the purpose of business of the firm. Section 19 of the Partnership Act confers implied authority on the partners as agent of the firm. Hence, present application deserves consideration. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted. Oder in Criminal Appeal
Appeal is admitted. Learned Additional Public
Prosecutor waives service of admission on behalf of respondent-State.
Issue bailable warrant in sum of Rs.10,000/- against private respondent no.1. To be served through the concerned police station. Registry is directed to call for the record and proceedings of the case from the concerned Court.
(NISHA M. THAKORE,J)
KAUSHIK J. RATHOD
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