Section 141 NI Act threshold met where complaint alleged partner's responsibility and disputed deed could not justify quashing.

A complaint alleging that a partner was in charge of and responsible for the firm's business, and acted with consent and connivance, was held sufficient at the threshold to proceed under section 141 of the Negotiable Instruments Act, 1881. A disputed partnership deed, being a private document not in the public domain, was not treated as indubitable material capable of destroying the complaint's substratum for purposes of inherent quashing jurisdiction. The Court therefore found no basis to quash the proceedings against the accused.

---

---

Issues: Whether the partnership deed relied upon by the accused constituted incontrovertible material warranting quashing of the proceedings and whether the complaint contained sufficient averments to proceed against the accused under section 141 of the Negotiable Instruments Act, 1881.

Analysis: The complaint specifically averred that the accused was a partner who was in charge of and responsible for the conduct of the firm's business and further alleged consent and connivance in the commission of the offence. The Court held that such averments, if taken at face value, satisfied the threshold for proceeding under section 141 of the Negotiable Instruments Act, 1881. The partnership deed relied upon by the accused was a private document, not in public domain, and was specifically disputed. It therefore could not be treated as indubitable or incontrovertible material for exercising inherent jurisdiction to quash the proceedings. The Court also held that the accused had not produced material of the kind required to destroy the substratum of the complaint at the threshold.

Conclusion: The plea for quashing was rejected and the proceedings were held maintainable against the accused.

---