1 (1) Appln 4116/07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk CRIMINAL APPLICATION NO. 4116 OF 2007 M/s. Desai Traders .. Applicant Vs. Mahalaxmi Tyres & Auto Services & Ors. .. Respondents Mr. Anil Shete i/b Mr. Amit Borkar for the Applicant. Mr. V. P. Patankar for Respondent No.3. Mrs. M. M. Deshmukh, APP for the Respondent State. CORAM : MRS. ROSHAN DALVI, J. Date : 3rd May, 2011. P.C. 1. This is an application for leave to file Appeal against the order of acquittal of Respondent No.3 who was admittedly the partner of Respondent No.1 who was an accused under a Criminal prosecution under Section 138 of the Negotiable Instruments Act. The complaint has been filed against Respondent Nos.1, 2 & 3. The complaint is upon certain commercial transaction evidenced under invoice for goods sold to the firm of the accused. Respondent No.2 has been convicted. Respondent No.2 is stated to have died. His death certificate is not produced either by Respondent No.3 or by the Complainant. 2. This Appeal is against Respondent No.3. The transaction between the parties is admitted. Respondent No.3 has admittedly issued the cheque signed by him. The handwriting on the cheque is shown to be of Respondent No.2. The transaction between the parties are admittedly 2 (1) Appln 4116/07 for goods taken initially on credit. The partners would be liable to unlimited extent on behalf of the partnership firm. 3. The defence of Respondent No.3 that he was sleeping partner has led to his acquittal under explanation (a) of Section 141 of the Negotiable Instruments Act. Whether and how a partner who has admittedly signed a cheque on behalf of the firm, which came to be dishonoured, is liable on behalf of the firm as a sleeping partner would have to be considered. 4. Leave to file Appeal is granted. Appeal shall come up for admission on 23rd June, 2011. Issue notice upon Respondent No.3. Humdast allowed. Applicant may serve notice by private service. Call for R & P. Since it is only a question of law, the Appeal shall be disposed of at the stage of admission. (ROSHAN DALVI, J.)