Nawab Singh J. - (1.) This petition under Section 482 of the Code of Criminal Procedure has been filed seeking quashing of (i) complaint titled Ashok Kumar v. M/s Vishwa Nath Industries & others (Annexure P-1); (ii) order dated November 4th, 2003 (Annexure P-2) passed by Judicial Magistrate First Class, Ludhiana whereby petitioner was summoned to face trial under Section 138 of Negotiable Instruments Act; (iii) order dated May 27th, 2005 dismissing the application of the accused under Section 245 of the Code for discharging the accused (Annexure P-3) and; (iv) order dated February 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 Section 20 of the Partnership Act, 1932. It reads as under:- "20. Extension and restriction of partner's implied authority.---The partners in a firm may, by contract between the partners, extend or restrict the implied authority or any partner. Notwithstanding any such restriction, any act done by a partner on behalf of the firm which falls within his implied authority binds the firm, unless the person with whom he is dealing knows of the restriction or does not know or believe that partner to be a partner.";