RATISHBHAI D. RAMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN all the aforesaid three applications filed by the applicant, the common proposition of law that has emerged for consideration of this Court is 'whether an administrator/partner of a partnership firm would be liable for prosecution under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'N.I. Act', for the sake of brevity and convenience) without the partnership firm being arraigned as an accused?'.

(2.) THE brief facts leading to the filing of the present applications are as under:

(3.) HEARD learned advocate Mr. Premal S. Rachh for the applicant, Mr. Ashish M. Dagli, learned advocate for respondent No.2, and Ms. Chetna M. Shah, learned Additional Public Prosecutor for respondent No.1 State of Gujarat.