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VINOD VERMA (C E O)     22 January 2015

Sec 138 n i act

the cheque bouncing complaint has been fied by power of attorney given by one of the partners of a partnership firm. there are no documents about the registration of partnership under the partnership act. neither the party has produced form A or C under the act. now the attorney holder has filed the complaint iand signed both the complaint and the vakalat nama in his  individual name can that complaint be enforced as he  not signed on behalf of the complainant as their PH. please do clarify, would be grateful



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 4 Replies

T. Kalaiselvan, Advocate (Advocate)     24 January 2015

If the complaint is by the company but the company representative has signed it on his behalf, the case may not maintainable.  Why did he hurry to do this blunder mistake?

Advocate Bhartesh goyal (advocate)     26 January 2015

Complaint should have been filed. in the name of partnership firm through power. of. attorney holder.Complaint by POH in his. individual name is not maint

Advocate Bhartesh goyal (advocate)     26 January 2015

Complaint should have been filed. in the name of partnership firm through power. of. attorney holder.Complaint by POH in his. individual name is not maint

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     27 January 2015

CHEQUE BOUNCE ACCUSED AS WELL AS COMPLAINANTS TAKE ADVANTAGE OF LOK ADALAT SHEDULED ON ALL INDIA BASIS

ON 14TH FEB 2015

 

ONLY FOR CHEQUE BOUNCE CASES FAR EXISTING AS WELL AS FUTURE CASES AND EVEN APPEALS.

GOOD FOR ACCUSED.

 

a) You will come out of criminal cases. b) Bargain hard in LOK ADALAT and your liability may be reduced many fold. c) Show inability to pay upfront and issue post dated cheque. d) Even if this cheque IS bounces in future there will be no more criminal case but only civil case for recovery but with interest. You will GET lot of time to pay up. e) Even IF the case is in appeal such settlement will be allowed in LOK ADALAT.

 

 

GOOD FOR COMPLAINANT ALSO.

 

a) You will come out of expanses for criminal case immediately. b) Even if the settlement cheque of LOK ADALAT bounces you can file summery suit for recovery where the procedure is short sure and simple c) Even if you to agree for reduction of value and settlement cheque is bounced even than in the future through summery suit you can get interest ALSO till recovery. d) In the criminal case if the accused do not have money he / she will be at the most go in Jail which has no meaning for you. Most of courts are giving minimum jail terms due to clogging of jails. This will also come after long trial and appeals. e) And in cases after long trial and further appeals if the case is lost you will loose opportunity to file civil case due to limitation. SO THIS IS WIN WIN SITUATION FOR BOTH AND TAKE ITS BENEFIT.


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