cheque Issued to a joint A/C

file suit against both of them in a pitition!

Dear Sir,

                     The cheque is issued to a joint A/C by a buyer. It is being operated jointly by 2 partners. One partner has filed a suit under sec 138 NI act without consuting other partner.As the case is weak as per our lawyer as we have banked a cheque for 12 Lacs and got it bounced.Whereas 3 Lacs was received as advance and only 9 Lacs is actual payment to be received.Now the party is willing to give the rightfull dues of 9 lacs provided we take the case back. But other partner is not willing.My point is can he act unilaterally and file the case without consulting other partner. Or can I move court to withdraw the case as it has been filed without my consent.

nonsense who is the dtrawee and drawer any one of the drawee can bring in a suit/138  also see summary suit proceeding in cpc