Dishonour of Cheque -- Account Blocked After Death of Partner -- Section 138 not attracted
(i) Negotiable Instruments Act, 1881, S.138 -- Dishonour of Cheque -- Account Blocked After Death of Partner -- Offence arises only where cheque is returned for insufficiency of funds or like reasons -- Return of cheque with endorsement of account blocked, where account was stopped on death of account holder, does not attract the Section. (ii) Partnership Act, 1932, S.42(c) -- Partnership -- Death of One of Two Partners -- Firm of two partners comes to an end on death of one of them -- Surviving partner cannot continue it alone without proof of continuation -- Cheque dated and presented months after the death cannot be treated as issued by the firm.
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