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2014 (10) TMI 1050 - HC - Indian LawsDishonor of Cheque - liability of administrator/partner of a partnership firm - Whether an administrator/partner of a partnership firm would be liable for prosecution under Section 138 of the Negotiable Instruments Act, 1881 without partnership firm being arraigned as an accused? - HELD THAT:- In the present case, the original complainant has not joined the partnership firm as an accused, and the complaint is filed only against the driver of the firm, and therefore, in view of the decision rendered by the Honourable Apex Court in the case of In the present case, the original complainant has not joined the partnership firm as an accused, and the complaint is filed only against the driver of the firm, and therefore, in view of the decision rendered by the Honourable Apex Court in the case of ANEETA HADA VERSUS GODFATHER TRAVELS & TOURS (P.) LTD. [2012 (5) TMI 83 - SUPREME COURT], all the aforesaid impugned complaints in the present three cases are not maintainable. Hence, this Court can exercise the powers under Section 482 of the Cr.P.C. for quashing and setting aside the impugned complaints. All the aforesaid impugned complaints in the present three cases are not maintainable. Hence, this Court can exercise the powers under Section 482 of the Cr.P.C. for quashing and setting aside the impugned complaints. Application allowed.
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