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2018 (9) TMI 839 - HIMACHAL PRADESH HIGH COURTDishonor of cheque due to insufficiency of funds - section 138 of Negotiable Instruments Act - Held that:- It is abundantly clear that an unauthorised partnership firm cannot approach the Court for enforcement of any right arising from a contrat, hence civil proceedings for recovery of money would be barred by virtue of sub Section (2) of Section 69 of the Partnership Act. However, proceedings under Section 138 of the NI Act cannot be treated as civil suit for recovery of cheque amount with interest. The proceedings under Section 138 of the N.I. Act, are not recovery proceedings. Therefore, even an unregistered Partnership firm can maintain a complaint under Section 138 of the Act. Appeal allowed.
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