negotiable instrument act

ad. creaminall (Querist) 20 July 2009 This query is : Resolved
on behalf of complainant >>> a complaint filed against a partnership firm and one of its partner who was the signatory of the cheque. after filing of the complaint and after the cross examination of complainant was complete the accused partner is expired. now i want to brought the other partner on the record to represent the firm. how can i do? and under what provision? pl. give me citation for the same if available.

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Raj Kumar Makkad (Expert) 01 October 2009
The partnership firm is already impleaded as an accused so even if accused partner who signed has expired, shall have no effect on the merits of the case and no other partner can be impleaded in his place because none other than him signed it. Either the complaint shall be treated as become infructuous or it holds good to run it. better file recovery suit.