Supreme Court directs trial to proceed in Section 138 case, partner accused, firm not liable The Supreme Court allowed the appeal, directing the trial court to proceed with the trial as the High Court's decision to quash the complaint under ...
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Supreme Court directs trial to proceed in Section 138 case, partner accused, firm not liable
The Supreme Court allowed the appeal, directing the trial court to proceed with the trial as the High Court's decision to quash the complaint under Section 138 of the Negotiable Instruments Act was deemed invalid. The partner was made an accused, but the company (a partnership firm) was not, contrary to legal precedent. The respondent retains the right to raise additional contentions during the trial.
The Supreme Court allowed the appeal and directed the trial court to proceed with the trial as the High Court's decision to quash the complaint under Section 138 of the Negotiable Instruments Act was not valid. The partner was made an accused, but the company (a partnership firm) was not, which was deemed incorrect based on legal precedent. The respondent can raise other contentions during the trial.
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