https://www.taxtmi.com/caselaws?id=413241 A complaint under Section 138 of the Negotiable Instruments Act is not barred merely because the complainant is an unregistered partnership firm; the earlier Division Bench view was treated as governing, and the revisional court's contrary view was rejected. In a Section 138 complaint, where the accused resides outside the Magistrate's territorial jurisdiction, process was upheld because the Magistrate examined the complainant on oath, considered the complaint, affidavit and supporting documents, and was satisfied that sufficient grounds existed to proceed; the order was not mechanical. Process against an accused not shown to be a partner or cheque signatory was quashed for want of material connecting her to the transaction. en-us Wed, 06 Oct 2021 00:00:00 +0530 Thu, 07 Oct 2021 09:18:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=413241 A complaint under Section 138 of the Negotiable Instruments Act is not barred merely because the complainant is an unregistered partnership firm; the earlier Division Bench view was treated as governing, and the revisional court's contrary view was rejected. In a Section 138 complaint, where the accused resides outside the Magistrate's territorial jurisdiction, process was upheld because the Magistrate examined the complainant on oath, considered the complaint, affidavit and supporting documents, and was satisfied that sufficient grounds existed to proceed; the order was not mechanical. Process against an accused not shown to be a partner or cheque signatory was quashed for want of material connecting her to the transaction. Case-Laws Indian Laws Wed, 06 Oct 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=413241