unregistered partnership firm can initiate criminal prosecution through its partners - only if the representative of the firm proves the fact that he is authorised by the partners to lay the complaint In the absence of such authorization, the complaint is bound to dismissed

2023-3-L.W. 675

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on 25.04.2023

Pronounced on:18.05.2023

Crl.R.C.Nos.297 and 305 of 2020 and Crl.M.P.Nos.3854 and 3855 of 2020

G.Jayachandran, J.

M.C.Baby

Petitioner in both cases /versus/

M/s Sastha Home Tech, Rep.by its Partner, Mr.S.G.Konda Reddy, No.34, Spurtank Road, Chetpet, Chennai 600 031 Respondent in both cases

held: unregistered partnership firm can initiate criminal prosecution through its partners such complaint can sustain - only if the representative of the firm proves the fact that he is authorised by the partners to lay the complaint In the absence of such authorization, the complaint is bound to dismissed para 17