Negotiable Instruments Act, 1881
Sections 138 & 141—Dishonour of cheque—Petition to quash proceedings against petitioner-partner—Cheque issued by the partnership firm signed by its partner—Partnership firm has not been joined as party accused nor statutory notice was issued to partnership firm—Prosecution against petitioner without arraigning partnership firm is not maintainable and putting the petitioner into trial is absurd process—Proceedings quashed and set aside qua petitioner-partner—Petition allowed.
[Paras 7 & 11]