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Dishonour of cheque

(Querist) 24 July 2008 This query is : Resolved 
my client,a partner of an unregistered partnership firm-filed a complaint case under sectiion 138 of Negotiable Instruments Act against one individual person for dishonour of cheque.The accused taken a main defence that my client is not entitled to file the same as he is a partner of unregistered firm and as per provisions of section 69(2)of the Indian Partnership Act it is not legal.Please kindly give me guidence and citations of higher courts in support of my client....Adv.Rajendra Kothari
kumar sachin (Expert) 25 July 2008
dear friend
u have not given the full details of the case like who issued the cheque and to whom, whether complaint was filed as an individual or as a partner of the firm, why the cheque was given, mode and nature of transaction etc and all that.
BUT one thing is very clear tht if a cheque was issued and the ingrediants of section 138 NI Act is attracted, a case is always made out against the person issuing the cheque.
Jatin Sapra 9312223345,Delhi (Expert) 25 July 2008
According to the facts given by you.Your firm has filed this complaint case.The question arisesout is that whether a partner is eligble to file and as a partner you are eligible to file a complaint under section 138 NI Act.
Srinivas.B.S.S.T (Expert) 25 July 2008
An unregistered partner ship firm can also file case under section 138 and 142 of NI Act. But the main point is whether the case has been filed by the partnership firm represented by the partner or by the partner in individual capacity.
adv.ranchi (Expert) 26 July 2008
Kindly apprise in whose name cheque was given.

If it was in teh name of teh partnership firm, your friend only requires to bring on record the Letter of authority of the firm in his name.
If it was in the name of one of teh partners, excluding your friend, proof of the same being towards firm's account would be warranted and only then your friend can sue him.

In law
unregistered partnership firm is duly recognized.

Adv. Ashutosh
adv.ranchi@gmail.com
Srinivas.B.S.S.T (Expert) 30 July 2008
Hope you have gone through the replies. If you want any citation you are welcome to contact me at s_bsst@yahoo.com


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