SHARMA PRAMOD NARAYANPRASAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Judgement and order dated 30.08.2014 passed by the learned 3rd Additional Sessions Judge, Anand in Criminal Appeal No. 35 of 2014 and Criminal Appeal No. 36 of 2014 after affirming the judgement and order dated 12.03.2014 passed by the learned 8th Additional Chief Judicial Magistrate, Anand recording conviction for the appellants for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 ( for short 'N.I.Act') is assailed in the revisional jurisdiction of this court.

(2.) It is unnecessary for this court to refer to the factual matrix of the case in detail in light of the question of law raised in this Criminal Revision Application; suffice it to say that the two accused namely Sharma Pramod Narayanprasad and Bhargava Satish Ramchandra were convicted under the above provisions as the partners of Gajanand Developers.

(3.) The question of law raised herein is whether in absence of indictment of partnership firm as co ?accused for the offence punishable under section 138 of the N.I. Act, the prosecution would be maintainable?