Whether prosecution of accused under section 138 of the Negotiable Instruments Act is hit by the bar created by sub-section(2) of Section 69 of the Indian Partnership Act, 1932.

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Complaint under section 138 of the N.I. Act is criminal in nature. It, therefore, cannot be stretched to bar which is in the nature of temporary bar to the suit. Section 138 of the N.I. Act is in the nature of a panel provision with the objective to inculcate faith in the banking transactions. The…