JUDGMENT :

Sugato Majumdar, J.

1. The instant appeal is preferred against the judgment and order dated 07.012.2018 passed by the Learned Judicial Magistrate, 1st Court, Jalpaiguri in connection with C.R. Case No. 316 of 2015 acquitting the accused under Section 255(1) of the Code of Criminal Procedure as the accused person was found “not guilty?” of the offence punishable under Section 138 of the Negotiable Instrument Act.

2. The accused persons are partner of the firm named “Om Fabrication.” The said firm got a contract of civil construction under another concern “Bhutan Food Products Pvt. Ltd” which was in turn assigned to the Appellant/complainant by the respondent no. 2 and 3 on the basis of sub-contract. In course of business, two cheques were issued which were dishonored. Proceeding under Section 138 was drawn up against the present respondent no. 2 and 3. The Trial Court rejected and dismissed the application and acquitted the respondent no. 2 and 3 on the ground that partnership firm was not made a party.

3. On being aggrieved and dissatisfied the instant appeal is preferred.

4. The Learned Counsel for the revision petitioner argued that the absence of the partnership firm is no