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rajesh r   09 November 2018

138 ni

dear sir

a friend had invested on trust in our company (partnership) through rtgs..we had given a blank cheque of the partnership firm as surety.. after 5 months the amount was returned with interest through rtgs.. he failed to returned the cheque and we too forgot about it since he was a good friend . now this year he has presented the cheque which was returned with a memo contact drawer.. after that he has filed a case only against me and not my partner.. the cheque amount is 8 lakhs. i contacted a lawyer who advised me to get my propertypapers along with original khata as surety.. my partner is no where in the picture.. am i being advised propery

please help as i am confused

regards


 16 Replies

Suri.Sravan Kumar (senior)     09 November 2018

place of offence and name of the court ?

rajesh r   09 November 2018

mysore . karnataka

Suri.Sravan Kumar (senior)     09 November 2018

if you have any doubt you can approach the CMO of the court

rajesh r   09 November 2018

sir my query is will my other partner also liable since its a 50 50 registered partnership firm and bank singnatory clause is either or the survivor. the complainant has filed the case only on me and not on the firm as well as the other partner

rajesh r   09 November 2018

i also have all the evidence to tell the court that i have repayed the money through bank . the cheque is miused by my friend to

Suri.Sravan Kumar (senior)     09 November 2018

before filing the case he must have issued notice to you. Did you send any reply to it? who has signed the cheque?

rajesh r   09 November 2018

yes i have replied to his notice and still he has gone ahead and filed a case.. i have signed the cheque is the capacity of a partner

R Trivedi (advocate.dma@gmail.com)     09 November 2018

1. What is the fabricated story he has written about the liability? 2. Has he stated any dates about receipt of cheque. 3. His complaint as such is defective if there is no name of the partnership firm. The firm should be the first accused and then the partners. Lower court may not appreciate this and it may get rectified if he takes right steps. 4. The other partner need not be the accused.

R Trivedi (advocate.dma@gmail.com)     09 November 2018

1. What is the fabricated story he has written about the liability? 2. Has he stated any dates about receipt of cheque. 3. His complaint as such is defective if there is no name of the partnership firm. The firm should be the first accused and then the partners. Lower court may not appreciate this and it may get rectified if he takes right steps. 4. The other partner need not be the accused.

rajesh r   09 November 2018

He has sent a notice saying he had invested 500000 in the firm and given 1200000 in cash loan to me in personal capacity. The truth is he has invested only 500000 through rtgs and we have paid him that amount through rtgs way back in 2015. But he has filed a case now and only on me . Actually as per our partnership deed both are equally responsible for all the liabilities

R Trivedi (advocate.dma@gmail.com)     10 November 2018

But the cheque is of partnership firm! He shd have stated in complaint and affidavit that this cheque was issued by the firm as a guarantee to the personal loan given to you. He has not made the firm also as accused. Let it go on, you will come out of it. If you desperately want your partner also to face the music along with you, then move an application that even though the case is false however Mr. X also should be arraigned as accused, being the partner he is jointly liable, attach proof of partnership.
1 Like

rajesh r   10 November 2018

sir is it mandatory for me to provide my propert papers along with the original khata and ec for surety purpose

R Trivedi (advocate.dma@gmail.com)     11 November 2018

It depends on local practice. Mostly a Rs. 50000 surety will suffice. Take a copy (and original too) of FDR. Most likely copy will be enough in such cases.

R Trivedi (advocate.dma@gmail.com)     11 November 2018

It depends on local practice. Mostly a Rs. 50000 surety will suffice. Take a copy (and original too) of FDR. Most likely copy will be enough in such cases.
1 Like

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