138, payee ....HUF

This query is : Resolved 

25 March 2009

1. I want to know that if an account is in the name of a person as e.g. " Gandhi, HUF", then can a person in his individual capacity as Gandhi file a complaint u/s138? The payee will be " Gandhi, HUF", rt? not only Gandhi?
2. If Gandhi, HUF is not named as the complainant then can it be said that complaintant Mr. Gandhi has no locus standii to file complaint? what are the chances of acquittal for accused?
3. Can anyone provide citation to help accused?

Shashikant Patil (Expert)
25 March 2009

Dear Sukhija,

As per as to file a complaint, first of all, complete Address of the of complainant is required. As you say for example, the said title Gandhi might be hold by many a people in India. Therefore full name, age, occupation and residential address are very much necessary to file a complaint other wise your has no locus standi.

Jithendra.H.J (Expert)
26 March 2009




Sukhija (Querist)
26 March 2009

Mr. Gandhi's full address ,age is there, but not as Gandhi,HUF; only Mr. Gandhi.....
Payee is Gandhi, HUF; not only Mr.Gandhi.
Mr. Gandhi and Gandhi, HUF are two different individuals, rt?

Shashikant Patil (Expert)
26 March 2009

You are making two diff entity, i.e. Mr. Gandhi is a separate and Gandhi HUF is a separate entity. Here Mr. Gandhi is individual and Gandhi HUF is justlike a partnership firm as informed by Mr. Palnitkar. And therefore, to file a compllaint by Mr. Gandhi do not have any problem providedly he must have a full name and particulars. Gandhi HUF needs a authority to file a complaint on behalf of a Karta or Karta himself can file a complaint.

26 March 2009

I agree with the above view.

DEFENSE ADVOCATE.-firmaction@g (Expert)
26 March 2009

Once you put your individual complete name and address ; there is no problem for filing complaint. you are karta of HUF that is all.

The objection has to come from respondent in trial, it will not come at filing and issue of process.

Jithendra.H.J (Expert)
26 March 2009

i agree with Sri.Shashikumar

Adv.Shine Thomas (Expert)
28 March 2009

Where a complaint is filed by an individual,an authorisation from the Karta is sufficient.

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