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TMI Blog2022 (6) TMI 1034X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioners in case No. 113-3 of 2013 (Annexure P-1) titled M/s. Kayy Bee Sons Vs M/s. Ross Robinz Biotech pending before the Ld. Judicial Magistrate 1st Class, Court No. 1, Solan, H.P. alongwith summoning order dated 26.08.2013 and all proceedings ensuing thereof." 2. The case of the petitioners is that they were inducted as partners of respondent No. 2-partnership firm, on 10th of February, 2011. The complaint, which has been instituted against them and other respondents, copy whereof stands appended with the present petition as Annexure P-1, pertains purportedly to a liability of the said partnership firm, which was pertaining to the period prior to the date of their induction as partners, and in this view of the matter, taking into ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the petitioner has drawn the attention of the Court to order dated 16.03.2019, passed by learned Court below, appended with the petition as Annexure P-6 and fairly stated that during the pendency of the proceedings before the learned Court below, a prayer was made by the petitioners for their discharge but said prayer was rejected in terms of the order which has been passed vide Annexure P-6, perusal whereof would demonstrate that rejection of the prayer of the petitioners was not on merit but on technical grounds wherein learned Court held that it has no power to discharge the accused. In the course of his submissions, Mr. Sharma also referred to Annexure P-2, which is the copy of partnership deed vide which the petitioners were inducted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p firm, a meeting was held of the complainant through its representatives with accused No. 2 to 6, which includes the present petitioners, when the complainant was informed that as the partnership firm was going under financial crisis, on this count, new partners, i.e. present petitioners were added and introduced as partners. He further submitted that the reliance placed upon the provisions of Section 31(2) of the Partnership Act is totally misplaced for the reason that herein the cheque, dishonour of which led to filing of the complaint, is dated after the induction of the present petitioners as partners, therefore, there is no merit in the contention of learned Counsel for the petitioners that the petitioners are not liable for the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt which has been filed by respondent No. 1. In terms of the complaint, in order to discharge liability, which the partnership firm owed to the complainant, a cheque was issued by the partnership firm, signed by one of its partners, dated 15.03.2013 for a sum of Rs. 6,86,230/- in favour of the complainant. The same was drawn upon Indian Overseas Bank, Solan. When the complainant deposited said cheque in its bank for encashment, the same was returned back to the complainant with remarks "insufficient funds". Thereafter statutory notice was issued by the complainant to all the accused, which included the present petitioners also, calling upon them to make good the payment of cheque amount within a period of 15 days as from the date of receipt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fter the induction of the petitioners as partners of the partnership firm. In this view of the matter, this Court is of the considered view that the provisions of Section 31(2) of the Partnership Act which provide that a person who is introduced as a partner into a firm does not thereby become liable for any act of the firm done before he became a partner do not come to the rescue of the petitioners for the purpose of quashing of the complaint under Section 482 of the Code of Criminal Procedure because herein the act which led to the filing of complaint under Section 138 of the Negotiable Instruments Act is issuance and dishonour of the cheque which bears the date 15th March, 2013, i.e. post the date on induction of the present petitioners ..... X X X X Extracts X X X X X X X X Extracts X X X X
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