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    <title>1999 (3) TMI 657 - KERALA HIGH COURT</title>
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    <description>Non-registration of a partnership firm did not bar a prosecution under Section 138 of the Negotiable Instruments Act because the Section 69(2) Partnership Act bar applies to enforcement of civil rights, not criminal complaints, and partners were competent to represent the firm and give evidence on its behalf. Separately, where the accused disputed the cheque and sought handwriting expert examination, the trial court was required to consider that request under Section 243 CrPC; failure to permit expert comparison caused prejudice and vitiated the trial. The matter was remitted for fresh disposal after allowing expert examination and further evidence.</description>
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    <pubDate>Wed, 17 Mar 1999 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=275891</link>
      <description>Non-registration of a partnership firm did not bar a prosecution under Section 138 of the Negotiable Instruments Act because the Section 69(2) Partnership Act bar applies to enforcement of civil rights, not criminal complaints, and partners were competent to represent the firm and give evidence on its behalf. Separately, where the accused disputed the cheque and sought handwriting expert examination, the trial court was required to consider that request under Section 243 CrPC; failure to permit expert comparison caused prejudice and vitiated the trial. The matter was remitted for fresh disposal after allowing expert examination and further evidence.</description>
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      <pubDate>Wed, 17 Mar 1999 00:00:00 +0530</pubDate>
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