Transaction between two companies (contract work)
‘X‘ company (complainant is “Z”- who is shown as the proprietor of ‘X’ company)
Accused is the partnership company ‘Y’ and it has 4 partners (A,B,C,D)
Accused partnership company ‘Y’ after the work done requested ‘X’ company to raise a consolidated tax invoice with regarding to the pending bills, major amount was already paid by “Y” company to “X” company, then ‘X’ company has not paid any GST of previous bills and issued tax invoice without paying GST in present bill also (which was defective as in GST value is higher than the mentioned GST value in tax invoice) and it was handed over to the “Y” company
GST amount value was more than Rs. 3 Lakhs.
‘A’ issued the “D”(who is the sleeping partner) signed cheque to ‘X’ company as collateral security before the work to be done by “X” company.
“X” presented the cheque it was dishonored and sent notice to ‘y’ and “y” reply that “Y” company is always ready and willing to pay the said sum provided “X” has to issue the valid GST Paid Bills and issue valid tax invoice to “Y” company.
“Z” filed complaint under N.I.Act, (with his indusial name not on the “X” company name) by showing “Y” company as Accused No.1 and “D” as a Accused No.2 (where as “A”, “B” and “C” are the working partners they are the person in-charge and responsible for the conduct of the work they were not arrayed as accused in the complaint, as “A”, “B” and “C” are the close associates to “Z”)
- Does the complaint is maintainable as it was defective invoice?
- Does the complaint can be file in the indusial name “Z”?
- There is no legal enforceable debt as on date of issuance of cheque (as invoice is defective)
Kindly suggest me, thanking you all