138 ni act -revision

Yes,you may challenge order of  cognizance taken against inactive partners.

The partnership firm, its officials, and the drawer of the cheque can all be held liable under Section 138

A person cannot be convicted of dishonoring a check under Section 138 if they were a partner of the firm that took the loan or stood as a guarantor for the loan.

A joint account holder cannot be prosecuted under Section 138 unless they were also a signatory to the cheque and the account was jointly maintained.

Vicarious liability of a director or a partner arises only if the director or the partner have been directly involved in the day to day running of the business and the offense is committed with the consent, connivance, or is attributable to the neglect by the said director or partner of the company or firm.

The signitory of dishonoured cheque shall be prosecuted u/s 141 and punished u/s 138 of the NI Act, 1881 despite the fact s/he was a partner or not.  

it is for the accused to prove they have no role to play and they are not in charge of day-to-day administration of affairs of the firm. so the petition is maintainable.

No, the complaint shall not be maintainable against other partners and Trial Court shall direct the complainant to implead only those who have signed the dishonoured cheque.