https://www.taxtmi.com/caselaws?id=300277 The court held that prosecution under Section 138 of the Negotiable Instruments Act without indicting the partnership firm as a co-accused is not maintainable. It emphasized that vicarious liability of partners is contingent upon indicting the firm. The interpretation of "firm" under Section 141 includes firms within the definition of a "company," necessitating their indictment for prosecuting partners. The court quashed the impugned judgment, acquitted the petitioners, and ordered the return of the record to the lower court. en-us Wed, 11 Apr 2018 00:00:00 +0530 Thu, 20 Jan 2022 20:31:02 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=300277 The court held that prosecution under Section 138 of the Negotiable Instruments Act without indicting the partnership firm as a co-accused is not maintainable. It emphasized that vicarious liability of partners is contingent upon indicting the firm. The interpretation of "firm" under Section 141 includes firms within the definition of a "company," necessitating their indictment for prosecuting partners. The court quashed the impugned judgment, acquitted the petitioners, and ordered the return of the record to the lower court. Case-Laws Indian Laws Wed, 11 Apr 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=300277