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Cheque bonce case

Querist : Anonymous (Querist) 17 April 2024 This query is : Resolved 
Respected Experts,

A partnership firm issued a cheque in the name of the firm, with one person signing it. However, the account associated with the cheque was jointly opened by the firm. Due to the absence of the second signature, the cheque was dishonored. Can I file a Section 138 case against both the partnership firm and the individual who signed the cheque?
kavksatyanarayana (Expert) 17 April 2024
I observe that most of the public asks how to file a case, but it is time time-consuming process. You know the accounts of the Firm are operating jointly, then how can you take the cheque with one person's signature?
T. Kalaiselvan, Advocate (Expert) 18 April 2024
Yes, you can file a cheque bounce case under section 138 NI act against the firm and against all the partners.
Sudhir Kumar, Advocate (Expert) 18 April 2024
why you cannot obtain signature of other partner.
I agree with Shri Sudhir Kumar, Advocate Expert. Why don't you get the signature of the other partner and represent the cheque?

Or, you are posing some fictitious case details here to get some academic question resolved?
P. Venu (Expert) 27 April 2024
It is the settled law that, in case of the joint account, the action under the NI Act is maintainable only against the signatory of the cheque.

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