Negotiable Instruments Act, 1881, Section 138, 141 -- Sole proprietorship concern - Complaint filed against firm instead of proprietor - Sole proprietorship concern is not a judicial person to come under Criminal Prosecution - Receipt of notice by any other person may not be acceptable and valid acknowledgment of notice - Complaint is liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Partnership firm - Complaint against accused only without impleading the firm - Complaint is maintainable - Unless it is established that the firm alone was liable to discharge the liability, the complainant could not be compelled to add the firm as accused...........
Partnership Act, 1932, Section 72, 32(3) -- A retiring partner will be liable for any subsequent act on behalf of the firm which would bind the firm until the public notice as prescribed by Section 72 is given...........
Criminal Procedure Code, 1973, Section 195 -- False and fabricated document - Retirement from partnership firm - Fabricated document or retirement from partnership firm filed to avoid the liability - False evidence also given - Direction issued for making the complaint and enquiry for prosecution for false evidence...........
Partnership Act, 1932, Section 69 -- Objection as to unregistered partnership firm - Objection not taken in trial Court - Not allowed to be taken in appeal...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Complaint filed against partners of firm and firm not made a party - Complaint is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sole proprietorship firm - Not made party - Held, sole proprietary concern need not be made as party in the complaint apart from the sole proprietor...........
Civil Procedure Code, 1908, Order 30, Rule 3 -- Suit against firm - Mode of service of summons...........
