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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 August 2016

Complaint under ni 138

My friend issued a cheque in the name of a Grocery Store. Later he issued stop cheque instructions. A person purported to be owner of the store has filed a complaint under his personal name and personal address after allegedly following due procedures. Though he mentions in the body of his affidavit that he is owner of the store he has not produced any evidence as to his ownership or even existence of the store. He has not  given the address of the firm. As the complaint itself was not in the name of the store can my friend pray for dismissal of the case? Can the complainant make corrections now? It is 2 years since the original cheque was rejected by the bank. If my friend is to seek dismissal of the case under which section of which law has he to seek dismissal? Kindly let me know if there are previous judgments.



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 4 Replies

R Trivedi (advocate.dma@gmail.com)     21 August 2016

Owner here implies proprietorship firm. So, a prop can initiate the case claiming himself to be the proprietor of said store. Visit his bank and find out if he is proprietor or not. If he is not case is as good as dead.

R Trivedi (advocate.dma@gmail.com)     21 August 2016

Owner here implies proprietorship firm. So, a prop can initiate the case claiming himself to be the proprietor of said store. Visit his bank and find out if he is proprietor or not. If he is not case is as good as dead.

Advocate Bhartesh goyal (advocate)     21 August 2016

It is complainant who has to prove by cogent evidence that he is proprietor of grocery store,if he fails to prove the same,his complaint is liable to be dismissed.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     21 August 2016

In case the complainant cannot produce evidence to establish that he is the proprietor of the said grocery store, his complaint is not maintainable.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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