Sec 319 CrPC cannot be invoked to add Partnership firm as accused in a Trial under Sec 138 NI Act; Gujarat HC [Read Judgment]

When the complaint itself is not maintainable in the absence of the partnership firm being a legal entity before the Court and the cognizance and issue of process against the partners alone is illegal, then there is no question of invoking Section 319 of the Cr.P.C. The Gujarat High Court has held that when a complaint under Section 138 Negotiable Instruments Act, does not name the Partnership firm as accused, but only the partners, Section 319 of the Code of Criminal Procedure cannot be invoked to implead the Partnership firm as the accused, to save such a serious infirmity in the complaint. Complaint not maintainable against Partners alone The Court observed that it is settled law that the prosecution of the partners of a firm, by virtue of Section 141 of the Act, is not maintainable in the absence of the partnership firm being arraigned as an accused. Referring to Madras High Court decisions in Suryanarayan v. Anchor Marine Service and Anandan v. Arivazhagan, the Court said that when the complaint itself is not maintainable in the absence of the partnership firm being a legal entity before the Court and the cognizance and issue of process against the partners alone is illegal, then there is no question of invoking Section 319 of the Cr.P.C.