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B.KEMAL PASHA
Ramanee Narayanan – Appellant
Versus
C. K. Mukundan – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:P. Vijaya Bhanu and M. Revikrishnan, Advocate
For the Respondent No.1:R. Sudhish and M. Manju, Advocate
For the Respondent No.2: Maya, Public Prosecutor

JUDGMENT

B. Kemal Pasha, J.—Precisely, the question to be considered here is whether the Partnership Firm of which the accused before the court below was the Managing Partner had also to be arraigned as an accused to maintain a complaint before the court below filed under Section 142 of the Negotiable Instruments Act (for short ‘N.I. Act’) alleging an offence punishable under Section 138 of the N.I. Act?

2. Challenging the judgment of acquittal passed by the Chief Judicial Magistrate’s Court, Palakkad in S.T.Case No.989/2008, the complainant before the court below has come up in appeal. The complainant is a businessman dealing in computers and accessories. He had supplied computers and accessories to the Partnership Firm named ‘Souwbhagya Associates’, Palakkad, of which the accused was the Managing Partner, and one Smt. V.A. Suseela was one of the Partners. In fact, the accused and the said Smt. V.A. Suseela were doing business in the Firm named ‘Souwbhagya Associates’.

3. Through various purchases, an amount of 14,32,325/- fell due to the complainant. The accused being the Managing Partner and the said Smt.V.A. Suseela, who was the other Partner of the Firm, had shouldered the resp



























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