Negotiable Instruments Act, 1881–Secs. 141 & 142–Order of summoning the accused–Quashed by the High Court–Justification–Prosecution against the firm as well as its partners–Whether respondent no. 1 had retired from the firm and a public notice was issued, are the issues which can be proved before the trial Court–Further, the public notice was issued much after the complaints have been filed and summoning order had been issued–In the partnership deed, it is shown that the respondent no. 1 is sleeping partner–Powers u/s. 482 can be exercised when it comes across unimpeachable and incontrovertible evidence to indicate that the partner of the firm did not have any concern with the issuance of the cheque–Impugned order is liable to be set aside.
