Partners Not Liable for Cheque Dishonour When Firm Not Primary Accused Under Section 138 Negotiable Instruments Act

HC dismissed the petition regarding dishonour of cheque, holding that the partner cannot be vicariously liable under Negotiable Instruments Act when the partnership firm was not the primary accused. The complaint was not maintainable as the firm was not made a party, and no specific allegations were established against the partner. The Additional Chief Metropolitan Magistrate's order was upheld, effectively abating the complaint following the death of the original accused partner, with no liability attributed to the remaining partner. .....

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