Cheque bounce case

Querist : Anonymous (Querist) 15 January 2012 This query is : Resolved
We, a partnership firm with 2 partners issued cheque and got into sec 138 case. But the complainant issued notice to only one partner who signed the cheque. Is there any defence in this regard.

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Deepak Nair (Expert) 15 January 2012
The Complainant has done nothing wrong.
He has done the right thing by initiating legal action against the person who signed the cheque.

Shonee Kapoor (Expert) 15 January 2012
Agreed with Nair.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

V R SHROFF (Expert) 16 January 2012
Agreed with Deepak.

The Signatory is liable to issue chq

But the Complainant should have made Firm a Party, or mentioned Mr. X, Partner of M/s ABC & Co, , partnership Firm
As chq issued on behalf of firm.

Devajyoti Barman (Expert) 16 January 2012
Yes, the notice is valid but the case needs to be filed against all the partners including the Firm.

Advocate. Arunagiri (Expert) 16 January 2012
You have to issue notice on the firm and initiate prosecution on the firm, it is up to you to add any partner in the notice or for prosecution.

Without including the company, you have no case for prosecution.

Sudhir Kumar, Advocate (Expert) 16 January 2012
The complainant cannot be expectd to weeken his cae by inviting the other persons (strangers to cheque) as defendents. A partner is jointly and seperately liable for civil litigation. The plaintiff is not even bound to include partner in civil case. As far as criminal case is concernred it will be agianst Shr ______ s/o______ r/o ______ caste _____, who is the signatory of the cheque (not against the firm) and not tenable against other partner.

DEFENSE ADVOCATE.-firmaction@g (Expert) 16 January 2012
The complainant has to pass many many and many legal hurdles to achieve this.
1) Prove EXACT legal liability equivalent or less than value of cheque that too on the day when the cheque was given .2) Prove notice and all its contents .3) frame proper pleadings in the complaint 4) produce all the evidence with the complaint 5) Prove cheque was actually given to the complainant BY THE ACCUSED .6) It may have been given post dated but not blank dated.
6) Prove its bounce against the complainant not against any body else. This is a big catch and ignored by many most of the time.
Accused suffer only due to guilt complex and initial lethargy .Power of defense is power of negative which is perpetual and immense.
In the instant case if the cheque is signed on behalf of the firm , case is not sustainable.If personal cheque there has to be such allagetions and pleading in complaint.

Advocate Bhartesh goyal (Expert) 16 January 2012
Notice to a partner means notice to firm and other partners also so complainant had done nothing wrong to issue notice only to you. your defence that another partner has not been issued notice is not tenable But he has to include firm with you in complaint.It is the wish of complainant to whom he make party in complaint.