R B HOSIERY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this criminal revisional application under Section 482 of the Code of Criminal Procedure the petitioner, a partnership firm has challenged the legality and validity of its prosecution under Section 138 of the Negotiable INstruments Act and sought for quashing of the same.

(2.) Heard the learned advocates appearing on behalf of the parties. Perused the grounds relied upon in support of the prayer for quashing and the pleadings in the application. Considered their respective submissions and case laws cited by them.

(3.) In this criminal revision only point that fell for consideration is to whether a partnership firm can be proceeded against for alleged commission of an offence punishable under Section 138 of the Negotiable INstruments Act, simplicitor, without its partner being prosecuted for their vicarious liability.