Order 18

Order Details: COPY OF ORDER
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CC NO. 24783/2024
Management And Entrepreneurship And Professional Skills Council Vs. Av
Industries And Others
ORDER
1. The complainant has moved an application for impleading the other partners of the
partnership firm as proposed accused.
2. It is the case of the complainant that the two partners of the firm namely Ms. Sheetal
Khanna and Mr. Shikhar Khanna could not be arraigned as an accused inadvertently.
Furthermore, the signatory of the cheque Mr. Shikhar Khanna i.e. one of the partners
thereof has not been made a proposed accused.
2.1 Since the matter is at the stage of pre-cognizance itself, no prejudice will be
caused to the case of the proposed accused.
2.2 Ld. Counsel for the complainant has placed reliance upon the recent
judgment of the Hon’ble SC in Dhanasingh Prabhu v. Chandrasekar and another1
to state that the partners are jointly and severally liable for the acts of the firm.
2.3 He has further placed reliance upon provisions of the Partnership Act to
state that the partnership is not separate and distinct from its partners. An act of
even one partner of the firm binds the other partners and in turn the firm, which is
nothing but a compendious name constituting the partners thereof.
2.4 The legal demand notice has been sent to Mr. Vinod Khanna i.e. one of the
partners of the firm. It is settled law that a notice to one of the partners of the firm
will suffice as notice to the firm and rest of its partners.
3. Submissions heard. Record perused.
4. At the outset, it is being clarified that there is ‘no locus’ of the proposed accused firm
and proposed accused partner Mr. Vinod Khanna, who have already entered
1 2025 INSC 831
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appearance at the stage of pre-cognizance to submit on the application filed by the
complainant. The matter is still at the stage of pre-cognizance [
Emphasis supplied].
5. A perusal of the record reveals that in the instant case, the legal demand notice has
been sent to one of the partners of the firm i.e. Mr. Vinod Khanna. In terms of settled
law, a legal demand notice sent to one of the partners of the partnership firm is a notice
to the other partners of the firm as well. Reference may be had to Section 24 of the
Indian Partnership Act, 1932 in this regard.
6. The matter is still at the stage of pre-cognizance and no prejudice will be caused to the
case of the proposed accused if the other partners of the firm are allowed to be
arraigned as proposed accused in the matter. Furthermore, the now arraigned
proposed accused namely, Ms. Sheetal Khanna and Mr. Shikhar Khanna will have an
opportunity to argue at the stage of pre-cognizance as to whether, cognizance should
be taken against them.
7. Accordingly, the application moved by the complainant to implead proposed accused
Ms. Sheetal Khanna and Mr. Shikhar Khanna stands allowed.
8. Nothing stated herein shall tantamount to a comment on the merits of the case.
(Anjali Singh)
JMFC (NI Act) – 03/PHC/ND/01.09.2025
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