2004 (5) TMI 603

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....t three accused persons invoking the dictum in K.M. Mathew v. State of Kerala, 1992 (1) KLT 1. 2. The prosecutions are under Section 138 of the Negotiable Instruments Act. Admittedly, the respondents/accused 3 to 5 are not signatories in the cheque. There is no contention that they are the managing partners of the firm on behalf of which the co-accused/managing partner had issued the cheque. Th....

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....nst sleeping partners who have nothing to do with the day-to-day transactions of a firm. The whole array of partners are forced to face indictment by simply showing them also as accused persons in their capacity as partners of the firm. It is the duty of the Magistrates taking cognizance to alertly apply their mind and come to the conclusion whether sufficient circumstances are there to persuade t....