C.R. Sarma, J.

1. The limited question involved in this set of revision petitions is, whether in view of the provisions of Sub-section (2) of Section 69 of the Indian Partnership Act, 1932 (hereinafter referred to as 'Partnership Act'), an unregistered firm can prosecute, under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act') a drawer of a cheque issued against a liability and dishonoured for insufficiency of funds by the drawer's Bank.

2. As the said criminal revision petitions relate to the same parties, involving the similar question of law and facts, for the sake of convenience and brevity and as agreed to by the learned Counsel appearing for both the sides, I propose to dispose of the above mentioned revision petitions by this common judgment and order.

3. I have heard Mr. S. Kar Bhowmik, learned Counsel appearing on behalf of the revision petitioner as well as Mr. P. Rathore, learned Counsel appearing on behalf of the respondent.

4. At the outset, let me set out the facts, in a nutshell, leading to the filing of the petitions aforesaid.

The respondent-complainant, an unregistered firm, as it then was, used