Madhu Mittal
18 July 2021 at 13:18
Whether non signatory- active ( nowretired) partner and signatory partner liable u 138 after dissolution of firm
Mr A and B are two brothers having wife Mrs. X and Mrs. Y respectively. They have two partnership Firms.
One “A & co” having partners Mr. A and Mrs. Y. Another one is “B and co” having partner Mr. B and Mrs. X.
Both Firms took loans from a number of persons. Many of them filed cases against them also some cases u/s 138 N I Act , some for recovery of money suit under Order 37 CPC, some Regular Recovery Suits after the death of Mr. A on 30.07.2019.
Specific case:
Both Firms took loan from a lender of Rs. On lac each at different time through Cheque, and on the basis of post dated cheque of Firm signed by Mr. A for “A & co.” and by Mr B for “B & co. for each loan .
post dated cheques were dishonored in July 2021 reason being due
to stoppage of account operation due to death signatory/ partner.
Interest cheques were also given from time to time from the account of firm “A & co” signed by Mr. A from time to time after deducting TDS from interest amount till May 2019.
Interest cheques were also given from time to time from the account of firm “B & co” signed by Mr. B from time to time after deducting TDS from interest amount till May 2019.
Now Development :
Development in the case is that on 30.07.2019, Mr. A expired.
About on 28.09.2029, A paper publication is given by which Mrs. Y retired from the Partnership of “A and co” on the basis of “Partnership reconstituted Deed dated 03.07.219” in which Mrs. Y retired on 03.07.2019 and Mr. B is inducted as new partner on 03.07.2019 notarized as S. no. 500A at Norary Register.
About on 28.09.2029, another paper publication is given by which Mrs. X retired from the Partnership of “B & co” on the basis of “Partnership reconstituted Deed dated 03.07.219” in which Mrs. X retired on 03.07.2019 and Mr. A is inducted as new partner on 03.07.2019 duly notarized as S. no. 500 B at Same Norary Register.
Mr. A expired on 30.07.2019.After his death, business ‘shop is almost closed, Partners do not want to meet Lenders and actually no sufficient fund in bank account.
Now
Thus in my view above both Partnership Dissolved on 30.07.2019 (because there were only two partner before death of Mr. A , if “Partnership reconstituted Deed dated 03.07.219” taken to be true or otherwise also)
1. Now cheque given in reimbursement of loan at the time of taking loan, presented and returned unpaid, whether in “ A & co”, Mrs.Y will be held liable or not u/s 138 N I Act.
2. Now cheque given in reimbursement of loan at the time of taking loan, whether in “ A & co”, Mr. B will be held liable or not u/s 138 N I Act as debt was taken before his entering in partnership.
3. Now cheque given in reimbursement of loan at the time of taking loan, presented and returned unpaid, whether in “ B & co”, Mrs.X will be held liable or not u/s 138 N I Act.
4. As per Notary Act, every document should be numbered serial. So it appears prima facie that “Partnership reconstituted Deed dated 03.07.219” was made after death of Mr. A and to absolve two ladies of family from the clutches of law. Can it be challenged on this ground,
3(a) if Partners can not prove it “genuine” can a case under IPC be filed,or 3(b) it should be disproved by lender for getting them punished in a case under IPC.
5. Can section 420 IPC alonghwith Section 138 N I Act be added as Firms has taken loan from a lot of persons, and not paying them after the death of Mr. A on 30.07.2019, as record was got from the official sight of Court?
raju
18 July 2021 at 09:28
FIR U/s 156(3) was registered and police after investigation filed cancellation report.. Now court to proceed u/s 200 crpc. My query is that FIR will stand cancelled. Court also ordered to examine complainant and witness if any. Will summons be issued to accused.
Anonymous
16 July 2021 at 21:49
Can a legal services authority of one state grant compensation to a victim of a crime, when the crime has occurred in another State?
NARINDER KUMAR
16 July 2021 at 19:22
can lower court has jurisdiction himself to summon accused u/s 340 crpc read with section 195 ipc
Anonymous
15 July 2021 at 21:13
Greetings for the day,
Sir I want to ask can a prosecutrix circulate and disclose her statements under crpc 164 by writing complaint letters to public authorities like district magistrate and chief minister and so on? She had filed a false case and the case is undertail. Is there any provision to bar her from naming and shaming me publicly. Pls help. Sorry for being anonymous extremely sorry
Anonymous
15 July 2021 at 12:29
To All
Senior experts/professionals
Some days ago an anonymous person call me via phone that he is an employee of a bank and my ATM card deactivate and seeks my details for reactivate ATM card.
As I have no ATM card in that Bank at the moment of calling I understood it was a hoax call. So I cannot share my details.
My query to the senior experts/professionals is that: At this stage can this be treat as an offence under IPC and/or Information Technology Act and lodge complaint before nearest police station ?
Regards
Abhijit
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
Anonymous
15 July 2021 at 12:17
To
All Senior experts/professionals
Some days ago an anonymous person call me via phone that he is an employee of a bank and my ATM card deactivate and seeks my details for reactivate ATM card.
As I have no ATM card in that Bank at the moment of calling I understood it was a hoax call. So I cannot share my details.
My query to the senior experts/professionals is that:
At this stage can be treat as an offence under IPC and/or Information Technology Act and lodge complaint before nearest police station ?
Regards
Abhijit
Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp
Anonymous
14 July 2021 at 22:21
Four months before i was caught for using cannabis. Three of us was caught for this at same place, same time. But seperate fir was made against us showing different time and place. The seized thing was caught from the other persons bag. It was around 3gm. Actually i was innocent in this case. Only thing i did is i stayed in thier room when the police came. I told them i didnt use, i told them to take my medical. But they didnt do that. I was charged section 27b of NDPS act. When i contacted a lawyer he told me to pay the fine.
1) Why medical is not necessery before arrest in this cases. ?
2) Is there any procedure to be followed by police at the time of arrest ?
3) What are the chances of quashing this fir ?
4) Will i get any govt job if i pay the fine. ?
Is it possible to charge false cases by this section, by imposing a small amount on people by the police itself ?
I am so depressed, i think my future is destroyed.
Anonymous
14 July 2021 at 21:51
The Society in Mumbai levied fine on me claiming I questioned secretary on irregularities.
Secretary claimed this as defamation and they put fine in GBM.
The fine amount is 25000/-.
Does society/secretary have power to levy fine for defamation ?
What are my options ?
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What is the time of starting the time of of offence u/s 138
What is the time of starting the time of of offence u/s 138 means:
"Offence under section 138 NI is completed when in spite of notice of dishonour accused fails to make payment within period of 15 days" What is the time of starting of offence u/s 138 means:
1a) whether the time when loan is taken or 1 b) when the cheque is issued/handed over or 1 c).when the cheque is presented in the bank or 1 d). When the cheque is dishonored or 1 e) when the 15 days completes after giving/receiving notice of dishonor of cheque.
Or 1 f) when any act of above five is done ,