Section 138 Prosecution not hit by bar created by Section 69(2) of Partnership Act

Narendra Vs Balbirsingh (Bombay High Court) Section 138 of the N.I. Act is a penal provision, the commission of which entails prosecution and conviction on proving of guilt. Once the offence under Section 138 of the N.I. Act is completed, the prosecution can be initiated for bringing the offender to penal liability. In Sai Accumulator’s case (supra), the learned Single Judge took a view that for the commission of the offence punishable under Section 138 of the N.I. Act, the amount must be the legally enforceable debt, while an unregistered firm could not enforce a debt against the third ...