ORDER :

1. This is an Appeal filed under Section 378 of the Code of Criminal Procedure challenging the judgment and order of acquittal dated 10.01.2020 passed in Criminal Case No.16736 of 2016 by the learned 8th Additional Senior Civil Judge, Surat, whereby, respondent nos. 2 to 5 – original accused came to be acquitted by the learned trial Court for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 on the sole ground that the partnership firm is not joined as accused.

2. The gist of the complaint as emerges from the record is that:

2.1. The complainant Shaileshbhai Punabhai Thesiya was one of the partner of partnership firm which was constituted in the name of “Mamta Creation”, to which, accused no.1 who is also wife of accused no.2 and accused no.2 had joined as partner. It is the case of the complainant that an amount of Rs.12,50,000/- was invested by him, however, for the reasons best known to accused nos.1 and 2, the same was not reflected in the account of partnership firm.

2.2. Subsequently, the complainant had retired from the said firm and accused no.3 had joined as new partner along with accused nos.1 and 2 in the said partnership firm. It i