Section 138 prosecution against partners fails when the partnership firm is not joined as an accused.

A complaint under Section 138 of the Negotiable Instruments Act was held not maintainable against partners alone where the partnership firm was not arraigned as an accused, even though the complaint described them as partners and the cheques were drawn on the firm's account. Applying strict construction to Section 141, the court stated that the firm is the principal offender and vicarious liability of partners arises only when the firm itself is made an accused. As the firm was absent from the array of parties, prosecution against the applicant could not continue and quashing was warranted.

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Issues: Whether a complaint under Section 138 of the Negotiable Instruments Act, 1881 is maintainable against the partners of a partnership firm when the firm itself is not arrayed as an accused, and whether such complaint is liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The complaint itself described the accused as partners of the partnership firm and showed that the cheques were issued from the firm's account. Section 141 of the Negotiable Instruments Act, 1881 makes a firm or company the principal offender and fastens vicarious liability on persons in charge only when the firm or company is arraigned as an accused. The governing rule stated in the cited precedent is that strict construction applies to this penal provision, and arraignment of the company or firm is imperative for maintaining prosecution against its officers or partners.

Conclusion: The complaint was not maintainable against the applicant alone in the absence of the partnership firm being made an accused, and quashing was warranted.

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