Samir Jha (Advocate) 01 March 2012

Partnership firm and section 138 n.i. act

Dear All,

I have a query, if some one has any case law, I will be grateful for the citation of the same.

A cheque was issued to a firm in the name of "ABC". After the dishonor of the same, the notice was sent on behalf of the firm through one person name "xy".

The complaint was filed in the name of firm "ABC" through "xy. In the complaint it was not disclosed that ABC is a partnership firm.

In the evidence, it was mentioned for the first time that ABC is a partnership firm (not mentioned if the same is registered or not) and "xy is the partner of the firm.

Now the matter is for final arguments but no authorisation letter on behalf of the other partners of the firm "ABC" giving authority to "xy" is on record.

The query is whether such a complaint is maintainable ? as there is no authorisation letter on behalf of the other partners in favour of "xy" to persue the matter. Secondly, the cheque is in favour of the firm, so the value of such an authorisation.

Quick Reply will be highly appriciated and in case there are any judgment do share the same.

Thanks & Regards.

Samir

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6 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 01 March 2012

this is a mistake and accused should get benefit, however your step is delayed.

You can even now file application for dismissal on account of locus standi and go in revision if decided against you.

on such matters citations do not helf since situation, facts are different for other cases.

Samir Jha (Advocate) 01 March 2012

Thanks for the reply.
I appriciate it. Received this case after the closure of evidence and now it is for FA.

In your opinion, how much importance court will attach to this argument at the time of FA. Can it be made a ground for dismissal of complaint.

Thanks once again.

Samir

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 02 March 2012

Only arguments will not help.

File an application for dismissal and insist for orders, it against you go to revision.

R Trivedi (advocate.dma@gmail.com) 02 March 2012

1. What was written about xy in the complaint/affidavit ? His Staus ?

2. Did you ask or suggest related question at the time of cross ?

3. Have you submitted accused statement in writing mentioning this point and asking for acquittal/dismissal on this ground.

For NI cases the partnership firm need not be registered.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 04 March 2012

Agreed file for an application for dismissal of the complaint.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

sanjay juneja (manager) 08 March 2012

section 138 ni act if complaint filled by power of attorney, later on principal complaintant died, complaint is before any argument status what is remedy for accused