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    <title>Compounding of Offense by One Partner Under Section 138 NI Act Discharges All Partners&#039; Liability</title>
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    <description>In a case under Section 138 of the N.I. Act against partners of a firm, the HC held that compounding of the offense by one partner discharges the entire liability of the partnership firm and all partners. The court emphasized that while a firm is not a legal entity separate from its partners, Section 141 of the N.I. Act allows prosecution in the firm&#039;s name. Partners&#039; liability is joint and several, meaning each partner is liable for the entire debt individually and collectively. The court rejected partial settlement with one partner, ruling that once a matter is compromised for any amount, the offense is compounded toward all existing liabilities of the firm. Consequently, the complaint was quashed as compounded and the petitioner was acquitted.</description>
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    <pubDate>Tue, 11 Mar 2025 08:33:24 +0530</pubDate>
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      <title>Compounding of Offense by One Partner Under Section 138 NI Act Discharges All Partners&#039; Liability</title>
      <link>https://www.taxtmi.com/highlights?id=86404</link>
      <description>In a case under Section 138 of the N.I. Act against partners of a firm, the HC held that compounding of the offense by one partner discharges the entire liability of the partnership firm and all partners. The court emphasized that while a firm is not a legal entity separate from its partners, Section 141 of the N.I. Act allows prosecution in the firm&#039;s name. Partners&#039; liability is joint and several, meaning each partner is liable for the entire debt individually and collectively. The court rejected partial settlement with one partner, ruling that once a matter is compromised for any amount, the offense is compounded toward all existing liabilities of the firm. Consequently, the complaint was quashed as compounded and the petitioner was acquitted.</description>
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      <pubDate>Tue, 11 Mar 2025 08:33:24 +0530</pubDate>
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