COMMON ORAL JUDGMENT

In all the aforesaid three applications filed by the applicant, the common proposition of law that has emerged for consideration of this Court is `whether an administrator/partner of a partnership firm would be liable for prosecution under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the `N.I. Act’, for the sake of brevity and convenience) without the partnership firm being arraigned as an accused?’.

2. The brief facts leading to the filing of the present applications are as under:

2.1 The present applicant in all the three applications is a partner/administrator of one M/s. Maruti Projects, a partnership firm. The said firm was doing the business of construction on contract basis. The respondent No.2 herein – the original complainant was doing the business of stonecrushing in the name of Radhika Stone Industries along with other owners. It is alleged that out of the business transaction, the partnership firm of the petitioner has raised a demand for stone material from respondent No.2 for the purpose of construction of road in Ahmedabad City, and therefore, the respondent No.2 supplied material to the partnership firm, namely

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