JUDGMENT :

Pushpa V. Ganediwala, J.

1. This Bench has been constituted to answer the following question referred by the Single Bench of this Court vide order dated 24/10/2018:-

“Whether prosecution of accused under Section 138 of the Negotiable Instruments Act, 1888, is hit by the bar created by sub-section (2) of Section 69 of the Indian Partnership Act, 1932?”

2. In Sai Accumulator Industries, Sangamner Vs. Sethi Brothers, Aurangabad (2016(5) Mh.LJ 936), the Single Bench of this Court took a view that the complaint filed by an unregistered firm under Section 138 of the Negotiable Instrument Act, 1888 (in short “N.I. Act”) is not tenable in law in view of the bar under Section 69(2) of the Indian Partnership Act, 1932 (in short “the Act of 1932”).

3. The learned referral Judge expressed a diagonally opposite view and referred the question for consideration of the larger Bench.

4. Heard Shri R.M. Bhangde, learned counsel for the applicant (original complainant) and Shri V.M. Gadkari, learned counsel for the respondent/accused.

5. Shri Bhangde, learned counsel for the applicant took us through the relevant provisions of law and legal pronouncements of the Hon’ble Apex Court and different