Arvind Rokade 10 February 2023

138 no act

A cheque is issued by partner in individual capacity and case is filled against company and partners. What repercussions.

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This discussion explores the legal ramifications when a partner issues a cheque in their personal capacity, but the case is filed against the company. It clarifies that if the cheque was not issued on behalf of the company, the company may not be liable for its dishonour, with the partner being personally responsible. The thread also touches upon the maintainability of cases against corporations and raises questions about responsibility when a committee chairman signs a cheque.

5 Replies

Dr J C Vashista (Advocate) 10 February 2023

Case against the company is not maintainable and shall be dismissed.

Advocate Bhartesh goyal (advocate) 10 February 2023

Since cheque was issued by partner in his individual capacity and not as a partner/Director of company so company is not liable for cosequences of it's dishonour and partner is liable for consequences of dishonour.