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prem kumar reddy   05 September 2018

Suriety against proprietory firm and proprietor in ni act

Hello every one,

I am from hyderabad. I have a query regarding furnishing  suriety for proprietor in ni act

My brother running a kirana stores by proprietorship firm. He took material from srinivasa associates worth 70000

to some issues, he could not repay the material amount. He received material on firm name,invoice,delivery reciept every thing on firm name.after some months my brother issued personal cheque not firm cheque to complainant.

cheque was bounced due to insufficient funds.complainant approached court and made 2 parties

1. firm

2. my brother(because of his personal cheque)

now my que is, learned magistrate asked us to keep 2 surities for 2 accused.my bro furnished 1 suriety for personal cheque i.e A2

but learned magistrate is asking to furnish another suriety for firm also

is it mandatory to keep suriety for firm i.e A1

if no, any ruling from supreme court or any high courts

please let me know



Learning

 1 Replies

R Trivedi (advocate.dma@gmail.com)     12 September 2018

Ask the magistrate to send the "firm" to jail!!! There is a pathetic lack of competence at lower judiciary. Also ask him what does he think that if surety is not given, where the firm would run away?

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