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G. JAYACHANDRAN
M. C. Baby – Appellant
Versus
Sastha Home Tech – Respondent
ORDER :
Prayer in Crl.R.C.No.297 of 2020 : Criminal Revision Case has been filed under Section 397 r/w Section 401 of Cr.P.C., praying to call for the records and set aside the order and judgment dated 24.10.2019 in C.A.No.111/2016 passed by the learned IV Additional Sessions Judge, Chennai, thereby dismissing the appeal and confirming the order and judgment dated 13.04.2016in C.C.No.1647/2006 passed by the learned Metropolitan Magistrate, FTCNo.III, Saidapet, Chennai, acquit the petitioner.
Prayer in Crl.R.C.No.305 of 2020: Criminal Revision Case has been filed under Section 397 r/w Section 401 of Cr.P.C., praying to call for the records and set aside the order and judgment dated 24.10.2019 in C.A.No.112/2016 passed by the learned IV Additional Sessions Judge, Chennai, thereby dismissing the appeal and confirming the order and judgment dated 13.04.2016 in C.C.No.1648/2006 passed by the learned Metropolitan Magistrate, FTC No.III, Saidapet, Chennai, acquit the petitioner.
These two revision petitions are preferred by the accused who was held guilty of offence under Section 138 of Negotiable Instruments Act, 1881 by the Trial Court in C.C.No:1647/2006 and C.C.No.1648/2006 (on the file
The main legal point established in the judgment is that a complaint filed without proper authorization and the failure to include the partnership firm as a co-accused renders the complaint not maint....
Dishonour of cheque – In absence of partnership firm being arraigned as an accused, both complaint petitions against partner of firm were not maintainable.
An unregistered partnership firm can file a complaint under Section 138 of the Negotiable Instruments Act, as Section 69(2) of the Indian Partnership Act does not bar such filings.
Vicarious liability under Section 141 of the Negotiable Instruments Act can only be imposed when the partner is in overall control of the day-to-day business of the firm, and the drawer of the cheque....
A partnership firm cannot be individually liable under Section 138 of the N.I. Act without including all partners in the complaint; liability is joint and several.
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