138 n. i. act

Querist : Anonymous (Querist) 21 January 2010 This query is : Resolved
a complaint filed against a partnership firm and one partner who was the signatory of the cheque.during the trial the said partner expired and out of two partners only one is remain. can i join the remaining partner as an accused? under which section? i've already applied to resummoning the firm b'cause the advocate on record has withdrawn his appearance for want of instruction.can i apply for issuance of summons against remaining partner to join him as representative of firm? plz. reply urgently and guide me. plz. also provide me relevant citation if any available.

thanks

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S. Bharath (Expert) 21 January 2010
You can seek to include the other partner under S. 319 of Cr. P. C., but the court will not automatically permit you to implead him.

prakash vathore (Expert) 21 January 2010
i agree with s. bharath

Guest (Expert) 21 January 2010
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Arvind Singh Chauhan (Expert) 21 January 2010
If you have already mentioned his name in complaint. he is vicariously liable under 141 NI Act, Otherwise as suggested by learned Bharat Sir is the only remedy.

Raj Kumar Makkad (Expert) 21 January 2010
I completely agree with arvind.

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