anuradha goyal (member) 22 October 2011
Partnership firm was dissolved .However one of the partner presented the cheque signed by both of them which was dishonoured.He filed a complaint under 138.on other partner.Can the camplaint be dismissed on the first hearing as accused partner has to come from Bombay. There is no use if the complaint is dismissed afterthetrial as accused partner has to come all the way from Bombay and he will be spending lot on travelling.
kumar t v s (advocate) 22 October 2011
What I understand is
i) Cheque belonging to partnership firm.
ii) drawn in favour of one partner and cheque signed by both the partners.
iii) case filed by one partner on the other when the cheque bounced after firm is dissolved.
You may consider filing a Quash petition before the HC.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 23 October 2011
1) Many people suggest dismissal and quash applications to higher courts , which are not entertained . Once the process is issued you have to face trial. But there are sure and simple methods to come out of any NI 138 case.
kumar t v s (advocate) 23 October 2011
sri JSGN,
In my understanding the complainant himself is signatory of cheque on behalf of a firm which is dissolved and nonexistant as on date of cheque.
If under such circumstances quash petition does not lie than what for is the provision.
The problem arises when such proceedings are resorted to without understanding its true impact or for delatory tactics.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 23 October 2011
This is the all India problem for summons cases under which NI 138 is run and no quash possible, you have to face trial and there you can demolish the case by expert handeling.
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