138, payee ....HUF

Sukhija (Querist) 25 March 2009 This query is : Resolved
Hi
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?
Regards.

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Shashikant V. 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
PAYEE SHOULD FILE THE COMPLAINT!

OR

THE HOLDER IN COURSE

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 V. 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.

M. PIRAVI PERUMAL (Expert) 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.