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138 Negotiable Instruments Act'1881

i am appearing in the matter of 138 of NI Act on behalf of the accused. i am in need of certain judgement on the following ground"

 

1) The Complainant is a registered partnership firm having 3 partners, and the authority letter is annexed with the complaint, and affidavit was signed by the one partner only in favour of the one partner, who is appearing in the court.  IS IT NECESSARY TO HAVE SIGNATURE OF THE PARTNERS IN THE SAID AUTHORITY LETTER? is this valid/proper authority letter? Can any one provide me citiation/judgement in this regard........

 

2.) In the above said matter the delivery challan, and invoice was not acknowledged nor accepted by the accused. IS THIS LEGAL DEBT IN PART OF ACCUSED? can any one provide me the citiation/judgement.

 

Thank you all



Learning

 2 Replies

DEEPAK ASSOCIATES (08010117611)     28 November 2010

Answer is as follow :-

 

1)     It is proper authority letter

2) The presumption is in favour of the complaint as contemplated in section 118 of the NI Act unless contrary is not proved by accused

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 November 2010

Legal debt is essential condition , you have to prove delevery of goods and its non payment by the accused.

Just becaue the compainant has issued bills does mean mean existance of liability .


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