GOLD MOHUR FOODS AND FEEDS LTD., IV FLOOR, LAKSHMINARAYAR COMPLEX, 10/1, PALACE ROAD, BANGALORE-560052, REP. BY POWER OF ATTORNEY HOLDER: RAVI KUMAR, SENIOR ACCOUNTS OFFICER Vs. M/S MALIK FARMS, JAVED BHAI, PARTNER, M/S MALIK FARMS, MAJOR, AND S

JUDGEMENT

(1.) APPELLANT has challenged the Judgment and Order acquitting the respondents for the charge under Section 138 of the Negotiable Instruments Act [hereinafter referred to as "the Act" for short], on a trial held by the Add1 C.M.M., Bangalore City. Briaf facts relevant for the purpose of this appeal are as under: The appellant herein is the complainant, whereas the respondents are accused Nos. 1 to 3. The complainant is a Company, incorporated under the Companies Act, 1956 and it is engaged in the business of manufacture and sale of animal feeds. The 1st accused is a firm of which accused Nos. 2 and 3 are said to be the partners and they approached the complainant to purchase the animal feeds on different occasions. The complainant had supplied the feeds to them.

(2.) I have heard the learned counsel for both the parties.

(3.) AT the first it is necessary to note that under the provisions of Section 141 of the Act that there should be a specific averment in the complaint that the partners were in -charge of and responsible for the conduct of the business of the Company. This averment is an essential requirement of Section 141 of the Act end in the absence of the averment, a complaint cannot be maintained against the partners. As could be seen from the averments in the complaint, as against accused Nos. 2 and 3, the complainant has not made any such averment that they were in -eharge of and responsible for the conduct of the business of the 1st accused firm. Thereby, the complaint against accused Nos. 2 and 3 is not maintainable in law.