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Mr. X who is partner in the partnership firm issued a cheque for Rs. 13,000/- in favour of Y for discharge of liability which was dishonoured. The Y filed a complaint against mr. X of which cognizance was taken by the court. The (Mr. X) filed petition for quashing the complaint on the ground that cheque was issued by the firm and hence the offence was committed by the firm and not by him (Mr. X). The prosecution is not maintainable as the firm is not made an accused in the complaint even if the petitioner was in charge of the business of the firm.
Decide with reference to the relevant provisions of the Negotiable Instruments Act, 1881 :-
(i) Whether the prosecution is maintainable against Mr. X without impleading the partnership firm.
(ii) Whether both (Partnership firm and Mr. X) can be prosecuted together in the same proceedings.
(iii) Explain the grounds on which Mr. X can be escaped from the above liability. (5 marks)
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