2021 (7) TMI 123

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....aji Naggaya Bolla, Tirupatirao Bolla and Vijayalaxmi Bolla as accused 1 to 4 respectively. 5. The complainant is a businessman engaged in wholesale trade in grain under the name and style "Bharuka Trading Company". 6. It is averred in paragraph 1 of the complaint that the accused 2 to 4 carry on business under the name and style "M/s. Hanuman Dal Industries Pvt. Ltd.". It is further averred that "Hanuman Dal Industries" is a registered partnership firm and accused 2 to 4 are the partners of the said firm. 7. In the cause-title, while disclosing the address of the accused, the alternate address disclosed is "M/s. Hanuman Dal Industries". 8. A conjoint reading of the cause-title and the averments in paragraph 1 would suggest that the comp....

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....rocess. 14. The accused contended that the dishonoured cheques were issued by M/s. Hanuman Dal Industries through its partner Ramanarao Bolla and not by the company "M/s. Hanuman Dal Industries Pvt. Ltd. The extension of the contention is that the company "M/s. Hanuman Dal Industries Pvt. Ltd." and its Directors are unnecessarily implicated. 15. The memo of revision further contends that although the cheque was issued by a partnership firm, the firm was not issued the statutory notice. In paragraph 5 of the memo of revision the constitution of the partnership firm and the company is disclosed. 16. In sum and substance, the contention in the memo of revision is that the learned Magistrate committed a jurisdictional error in taking cogniza....

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....Private Limited Company. Explanation appended to Sec. 141 though relates to offences by Companies, same is also applicable to Firms. But it does not means that complainant can issue notice to company though cheque is issued by Partnership Firm. If the Partnership firm has issued cheques then notice is to be issued to partnership firm and its partners. Issuing notice to private limited company though cheques are issued by Partnership Firm and then filing case against Private limited Company is illegal. It is pertinent to note here that after filing of this revision petition, complainant moved an application on 12.7.2019, before trial court for amendment in complaint case and prayed to delete words "Private Limited" from the name of accused N....

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....rs/officers. As per Proviso to Sec. 141 of the Act, provision of Sec. 141 is applicable to the Firm also. In the present case, instead of "Company", there is a Partnership Firm and no notice is issued to Partnership Firm. Therefore, in absence of notice to Partnership Firm, its partners cannot be prosecuted. Therefore, proposed amendment in the complaint is not helpful to the complainant in light of above case law. 21. Having heard the learned counsel Mr. Mohta for the complainant and Mr. Anilkumar, the learned counsel for the respondents 1 to 4, I have no reason to take a view different from that taken by the learned Sessions Judge. 22. In my considered view, the order of issuance of process suffers from a jurisdictional error. 23. The ....