Cheque Dishonour Complaint Maintainable Against Partners Without Making Partnership Firm a Party: Supreme Court

In a significant judgment interpreting Section 138 of the Negotiable Instruments Act, 1881, the Supreme Court of India has held that a criminal complaint for cheque dishonour issued in the name of a partnership firm is maintainable against its individual partners, even if the firm itself is not arrayed as an accused. The Court reasoned that partners are personally, jointly and severally liable for offences committed in the firm’s name.…