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Madras High Court

Hon'ble Judge(s): N. Anand Venkatesh , J

(A) Negotiable Instruments Act (26 of 1881) , S.138, S.141— Criminal P.C. (2 of 1974) , S.482— Partnership Act (9 of 1932) , S.69(2)— Dishonour of cheque - Offence by partnership firm - Quashing of complaint - Cheque issued by partnership firm in favour of complainant-partner against due amounts, got dishonoured - Complainant neither issued statutory notice to partnership firm nor arrayed firm as accused in complaint - Only partners shown as accused persons in complaint - Plea of complainant that since firm is unregistered, no necessity to make firm as an accused, not tenable as registration or non-registration of firm is immaterial in view of S.141 of N.I. Act - Complaint being not in accordance with S.141,unsustainable - Liable to be quashed. 2012(5) SCC 661, 2014(4)MLJ (Crl) 517, Rel.on (Para 19 20) (B) Partnership Act (9 of 1932) , S.69(2)— Negotiable Instruments Act (26 of 1881) , S.138— Non-registered partnership firm - Bar to legal proceedings- - Applicability to cases of dishonour of cheque - Suit under S.69(2) cannot be extended to criminal prosecution - Criminal prosecution by its nature not instituted for recovery of money - Dishonour of cheque since penal provision, entails conviction and sentence on proof of guilt and cannot be ....