Negotiable Instruments Act, 1881
Section 138 read with Section 141—Dishonour of cheque—Offence by Partnership Firm—Vicarious liability of partner—Application to quash criminal proceedings—Admittedly the original complainant has not issued notice to the partnership firm nor joined the partnership firm as an accused and complaint is filed only against the applicant, who is one of the partners of the firm, and merely by making averments made in the air and not in the complaint, which is basic requirement, the applicant cannot be held vicariously liable—Proceedings quashed and set aside qua applicant—Application allowed.
[Paras 9 & 11]