SHEEJA MOL Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) In discharge of the liability of a partnership firm, its Managing Director, who is the first accused and 3rd respondent herein, has issued the cheque in question. The 2nd accused is another partner of the firm. Strangely enough, the partnership firm is not arraigned as the accused.

(2.) Normally, in case of civil liability, for suing a partnership firm, two or more partners can be sued within the meaning of Order XXX R.1 of the Code of Civil Procedure Code, 1908. At the same time, as far as the offence under S.138 of the NI Act is concerned, in such a case, a complaint has to be filed under S.142 of the NI Act, in conformity with S.141(1) of the NI Act. S.141(1) of the NI Act says:

(3.) Therefore, the persons responsible for the conduct of the Company, as well as the Company, should be the accused in the case. As per explanation (a) to S.141(2) of the NI Act, "'Company' means any body corporate and includes a firm or other association of individuals."