https://www.taxtmi.com/caselaws?id=325106 In a prosecution under Section 138 read with Section 141 of the Negotiable Instruments Act, vicarious liability of partners depends on the partnership firm being arraigned as the principal accused; prosecution of partners alone is not maintainable. Applying strict construction of penal provisions, the Court treated impleadment of the firm as a statutory condition precedent. It further held that Section 319 CrPC cannot be used to cure a foundational defect in the complaint or to validate cognizance taken without the firm being initially before the Court. The attempted subsequent impleadment therefore failed, and the complaint could not be salvaged. en-us Thu, 03 Mar 2016 00:00:00 +0530 Fri, 11 Mar 2016 10:47:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=325106 In a prosecution under Section 138 read with Section 141 of the Negotiable Instruments Act, vicarious liability of partners depends on the partnership firm being arraigned as the principal accused; prosecution of partners alone is not maintainable. Applying strict construction of penal provisions, the Court treated impleadment of the firm as a statutory condition precedent. It further held that Section 319 CrPC cannot be used to cure a foundational defect in the complaint or to validate cognizance taken without the firm being initially before the Court. The attempted subsequent impleadment therefore failed, and the complaint could not be salvaged. Case-Laws Indian Laws Thu, 03 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=325106