B. Kemal Pasha, J.

1. In discharge of the liability of a partnership firm, its Managing Director, who is the first accused and 3rd respondent herein, has issued the cheque in question. The 2nd accused is another partner of the firm. Strangely enough, the partnership firm is not arraigned as the accused. Normally in case of civil liability, for suing a partnership firm, two or more partners can be sued within the meaning of Order XXX Rule 1 of the Code of Civil Procedure Code, 1908. At the same time, as far as the offence under Section 138 of the N.I. Act is concerned, in such a case, a complaint has to be filed under Section 142 of the N.I. Act, in conformity with Section 141(1) of the N.I. Act. Section 141(1) of the N.I. Act says:

"If the person committing an offence under Section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly."

(Emphasis Supplied)

2. Therefore, the persons responsible for the conduct of the Company,