R RAJAGOPAL Vs. S S VENKAT

JUDGEMENT

(1.) Leave granted.

(2.) The only ground on which the complaint filed by the petitioner against the respondent for the offence under Sec.138 of the Negotiable Instruments Act has been quashed by the High Court is that the Company (the partnership firm in this case) on whose behalf the cheque was issued was not made an accused in the complaint. Respondent who is the partner has been made an accused.

(3.) The aforesaid stand of the High Court cannot now be sustained in view of the pronouncement of law on the subject in Anil Hada vs. India Acrylic Limited, (2000) 1 SCC 1.