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TMI Blog2003 (9) TMI 557X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The case of the revision petitioner is that the partnership firm, represented by its partner, filed a complaint against the respondent for bouncing of a cheque. After receipt of the complaint filed by the revision petitioner, the Trial Court, after hearing the arguments, dismissed the complaint by holding that there is a bar under section 69 of the Partnership Act and that an unregistered firm cannot prosecute any person or a firm. 3. Heard the arguments of both parties and perused the records. In this behalf the learned Counsel for the revision petitioner submitted that filing of a complaint by the partner of an unregistered firm is not a bar but it cannot file a civil suit. Therefore, the dismissal of the complaint at the threshol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it Debt against accused is not legally enforceable debt Complaint not maintainable." In order to appreciate the contention of both parties it is proper to cull out section 69(2) of the Partnership Act, 1932, which reads as under : "69. Effect of non-registration. ............ (1) ****** (2) No suit to enforce a right arising from a contract shall be instituted in any Court by or on behalf of a firm against any third party unless the firm is registered and the persons suing are or have been shown in the register of firms as partners in the firm." Even by plain reading of section 69(2) of the Partnership Act leaves no scope for doubt that what is barred by the said section is the institution of a suit to enforce a right arising ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egotiable Instruments Act and the effect of non-registration of firm under section 69 of the Partnership Act is applicable only to a case involving civil rights. Further, the Supreme Court in the case of BSI Ltd. v. Gift Holdings (P.) Ltd. AIR 2000 SC 926, has held that : "20. A criminal prosecution is neither for recovery of money nor for enforcement of any security etc. Section 138 of the Negotiable Instruments Act is a penal provision the commission of which offence entails a conviction and sentence on proof of the guilt in a duly conducted criminal proceedings. Once the offence under section 138 is completed the prosecution proceedings can be initiated not for recovery of the amount covered by the cheque but for bringing the off ..... X X X X Extracts X X X X X X X X Extracts X X X X
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