Section 69 of partnership act 1932

Manoj Deka (Querist) 18 August 2012 This query is : Resolved
Respected Expert

Can we claim dismissal of the case under section 69 of Indian partnership Act 1932 since we are not registered under the Firm Registration rule.

Please throw light.

case details as follows.

IN THE COURT OF SRI XXXXX AT YYY

CASE No. 123C/07

IN THE MATTER OF:

Sri X ...……COMPLAINANT

VERSUS

Sri Y …….ACCUSED

MOST RESPECTFULLY- I pray the Hon’ able court to decide the matter in view of the following factual matter as the matter is listing for today for Evidence Before Charge.
1. That the complainant never ever submitted any accounts to the accused. Showing the expenditure they arrived at on which I can rely on. Even in within the documents the complainant submitted to the court I have not seen any type of accounts to establish their claim.
2. That the complainants choose to file criminal charges directly without claiming any dues from the accused (if any). Even not a single letter I ever received in support of their claim. (Complainant’s claim sending of messenger is false)
3. That it is my right not to pay just for merrily claiming of an absurd amount without valid account.
4. That the complainant said that they supplied materials but I never ever received any materials and no claiming and supporting evidence they have ever send to me nor submitted in the court.
5. That the complainant stated that financially I was weak is false, two solvency certificate one form the U Co Bank XYZ Branch for rupees ten lakh in the year 2004, and another from the State Bank of India XYZ branch for Rupees One Crore in the year 2006 was issued showing my financial capacity.
6. That actually the intention of the complainants was to cheat me they sent a letter to the state bank of India stating that ABC Enterprise is no more exist and instructed the Bank to recover the loan amount from my ongoing work at MMM. The matter came to light while I received a letter from the SBI XYZ Branch. The whole thing was contrary to our DEED OF AGREEMENT (Copy of letter Annexed here to as Annexure A & B).
7. That the claiming of inducement for the Power of Attorney to get allotment of works is false, what is the use of Power of Attorney of someone else for my own work, it was agreed even much earlier at the time of DEED OF AGREEMENT.
PRAYER: -
It is, hence, most respectfully prayed not to charge the matter U/S 409.

ACCUSED

Thanking you in anticipation

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ajay sethi (Expert) 18 August 2012
you have to state facts of your case in brief preferably 3 to 4 lines then raise queries . what you have done is reproduced copy of your application before framing of charge

Devajyoti Barman (Expert) 19 August 2012
Long query never attracts attention here.

Guest (Expert) 19 August 2012
Be brief in stating your actual problem with appropriate background, rather than trying to get draft petition modified or approved by the experts.

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