Paper Publication U/s.482 for Accused ?
Kris
(Querist) 29 April 2010
This query is : Resolved
Hi friends,
My query is that; Complainant has been handed over a cheque by a partnership firm in lieu of legal discharge of debt but failed to repay accordingly a notice was issued addressing two partners rep. by their partnership firm to pay the debt. The complaint has been filed before the magistrate and now one of the partner has come up with a plea that the cheque does not belong to him as he has not issued the same and he alleges that his other partner has a signature bearing on the cheque and it is a personal affair between the complainant and his other partner. However, the other partner (the person who issued the cheque)has not chosen to take the notice and summons are not being served as he is absconding and his address cannot be traced. Now at this juncture can a petition U/s.482 or any other relevant provision be filed by the complainant directing the court to order for paper publication on behalf of the other partner. As the cheque was issued to the complainant in the capacity of the partnership by misleading the complainant saying that the absconding partner is authorized signatory on behalf of the partnership affairs, but the fact remains that it is an individual bank account of the absconding partner and does not belong to the firm.
Raj Kumar Makkad
(Expert) 29 April 2010
iT HARDLY MATTERS FROM WHICH ACCOUNT THE CHEQUE WAS ISSUED. QUESTION IS THAT THE CHEQUE WAS ISSUED AGAINST DUE LIABILITY OF THE PARTNERSHIP FIRM BY ONE OF THE PARTNERS SO BOTH PARTNERS ARE EQUALLY LIABLE TO FACE PROSECUTION.
IT IS NOT ADVISABLE TO DIRECT HE ANOTHER DIRECTOR TO MAKE PAPER PUBLICATION IN THE PRESENT MATTER NOR IT IS DESIRED.
YOU ARE LIABLE TO TRACEOUT THE EXACT ADDRESS OF THE ABSCONDING ACCUSED SO THAT NOTICE OF THE COURT MAY BE GO EFFECTED UPON HIM. PAPER PUBLICATION BY YOU ON THE DIRECTION OF THE COURT CAN ALSO BE ONE OF THE MODES OF NOTICE.
