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    <title>2021 (6) TMI 438 - CALCUTTA HIGH COURT</title>
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    <description>For liability of non-signatory partners under Section 141 of the Negotiable Instruments Act, the complaint must contain factual averments showing that they were in charge of and responsible for the conduct of business at the relevant time; no special formula is required, but a bare reference to partnership is insufficient. Reading the complaint as a whole, the averments that the partners were handling day-to-day business and were responsible for each business conduct were treated as adequate to proceed. Where accused persons reside outside the Magistrate&#039;s territorial jurisdiction, an inquiry under Section 202 of the Code of Criminal Procedure is mandatory before issuing process; as that inquiry was not undertaken, the process order was set aside and the matter remanded for fresh inquiry.</description>
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      <description>For liability of non-signatory partners under Section 141 of the Negotiable Instruments Act, the complaint must contain factual averments showing that they were in charge of and responsible for the conduct of business at the relevant time; no special formula is required, but a bare reference to partnership is insufficient. Reading the complaint as a whole, the averments that the partners were handling day-to-day business and were responsible for each business conduct were treated as adequate to proceed. Where accused persons reside outside the Magistrate&#039;s territorial jurisdiction, an inquiry under Section 202 of the Code of Criminal Procedure is mandatory before issuing process; as that inquiry was not undertaken, the process order was set aside and the matter remanded for fresh inquiry.</description>
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