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    <title>2022 (1) TMI 752 - GUJARAT HIGH COURT</title>
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    <description>A complaint under Section 138 read with Section 141 of the Negotiable Instruments Act was held not maintainable against a partner alone where the partnership firm that issued the cheque was not arraigned as an accused. Section 141 treats the firm as the principal offender and extends vicarious liability to persons in charge of its business only through that statutory fiction. Mere reference to the firm in the cause title, without impleading it in its own capacity, was insufficient. As a result, proceedings against the partner were liable to be quashed.</description>
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      <description>A complaint under Section 138 read with Section 141 of the Negotiable Instruments Act was held not maintainable against a partner alone where the partnership firm that issued the cheque was not arraigned as an accused. Section 141 treats the firm as the principal offender and extends vicarious liability to persons in charge of its business only through that statutory fiction. Mere reference to the firm in the cause title, without impleading it in its own capacity, was insufficient. As a result, proceedings against the partner were liable to be quashed.</description>
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