138 negotiable instument act
Sukhija
(Querist) 25 March 2009
This query is : Resolved
Hi
1. I want to know that if an account is in the name of a person as e.g. " Gandhi, HUF", then can a person in his individual capacity as Gandhi file a complaint u/s138? The payee will be " Gandhi, HUF", rt? not only Gandhi?
2. If Gandhi, HUF is not named as the complainant then can it be said that complaintant Mr. Gandhi has no locus standii to file complaint? what are the chances of acquittal for accused?
3. Can anyone provide citation to help accused?
Regards.
nitin
(Expert) 25 March 2009
hi sukhija
firstly i want to know what is HUF, whether it is the sir name, company,or what if the person as mentioned gandhi or what if
i assumes it to be the surname then what you have mentioned in your notice.
secondly, you can file a complaint under section 138 on the basis of the notice you have sent
so kindly let me know about that so that i could help in a better way
Shashikant V. Patil
(Expert) 25 March 2009
Dear Nitin,
HUF means Hindu Undivided Family. On this I have already given my clarification to Sukhija. Please you may go through.
Rajneesh Malhotra
(Expert) 25 March 2009
Here is the point wise clarification:-
1. If the account is in the name of a person as e.g. " Gandhi, HUF", then only the KARTA can file the complaint. Or if the HUF has gicen specific authority to someone then he/she can become the complainant.
2.If the account is in the name of a person as e.g. " Gandhi, HUF", THEN only " Gandhi, HUF", CAN FILE THE COMPLAINT , THOUGH THROUGH ITS KARTA OR REPRESENTATICE. nO ONE ELSE CAN FILE THE COMPLAINT
3. On technical grounds, the accused should win this case.
Rajneesh Malhotra
(Expert) 25 March 2009
Here is the point wise clarification:-
1. If the account is in the name of a person as e.g. " Gandhi, HUF", then only the KARTA can file the complaint. Or if the HUF has gicen specific authority to someone then he/she can become the complainant.
2.If the account is in the name of a person as e.g. " Gandhi, HUF", THEN only " Gandhi, HUF", CAN FILE THE COMPLAINT , THOUGH THROUGH ITS KARTA OR REPRESENTATICE. nO ONE ELSE CAN FILE THE COMPLAINT
3. On technical grounds, the accused should win this case.
Rajneesh Malhotra
(Expert) 25 March 2009
Here is the point wise clarification:-
1. If the account is in the name of a person as e.g. " Gandhi, HUF", then only the KARTA can file the complaint. Or if the HUF has gicen specific authority to someone then he/she can become the complainant.
2.If the account is in the name of a person as e.g. " Gandhi, HUF", THEN only " Gandhi, HUF", CAN FILE THE COMPLAINT , THOUGH THROUGH ITS KARTA OR REPRESENTATICE. nO ONE ELSE CAN FILE THE COMPLAINT
3. On technical grounds, the accused should win this case.
Rajneesh Malhotra
(Expert) 25 March 2009
Here is the point wise clarification:-
1. If the account is in the name of a person as e.g. " Gandhi, HUF", then only the KARTA can file the complaint. Or if the HUF has gicen specific authority to someone then he/she can become the complainant.
2.If the account is in the name of a person as e.g. " Gandhi, HUF", THEN only " Gandhi, HUF", CAN FILE THE COMPLAINT , THOUGH THROUGH ITS KARTA OR REPRESENTATICE. nO ONE ELSE CAN FILE THE COMPLAINT
3. On technical grounds, the accused should win this case.
Rajneesh Malhotra
(Expert) 25 March 2009
Here is the point wise clarification:-
1. If the account is in the name of a person as e.g. " Gandhi, HUF", then only the KARTA can file the complaint. Or if the HUF has gicen specific authority to someone then he/she can become the complainant.
2.If the account is in the name of a person as e.g. " Gandhi, HUF", THEN only " Gandhi, HUF", CAN FILE THE COMPLAINT , THOUGH THROUGH ITS KARTA OR REPRESENTATICE. nO ONE ELSE CAN FILE THE COMPLAINT
3. On technical grounds, the accused should win this case.
Shashikant V. Patil
(Expert) 26 March 2009
Why the same question repeated at difference times ? should have in one place and time itself.
Nishant
(Expert) 26 March 2009
Account should be on the name as "GANDHI,HUF",If the account is in the name of a person as e.g. " Gandhi, HUF", then only the KARTA can file the complaint. Or if the HUF has gicen specific authority to someone or representative ,then he/she can become the complainant.
And if Account is as "GANDHI" then only Gandhi & his/her representative ,then he/she can become the complainant.
You can win the case if you file complaint by cheque holder.
M. PIRAVI PERUMAL
(Expert) 26 March 2009
Same query. Already answered by our experts earlier too.
Murali Krishna
(Expert) 26 March 2009
Refer to a recent judgement of Supreme Court on S.138 of NI Act. This judgement may not directly on your issue, but the issue of locus standii is delat in this case. (2009) 1 SCC 407.
K.C.Suresh
(Expert) 27 March 2009
Already clarified and answered . Over
Adv.Shine Thomas
(Expert) 28 March 2009
Where a complaint is filed by an individual,an authorisation from the Karta is sufficient.
Prabhat K Srivastava
(Expert) 28 March 2009
First of all we should see that whose name is mentioned on the cheque, whether it is Gandhi or Ghandhi HUF and secondly whether it has issued against a liability or debt or not?
In my view Mr. Rajnish Malhotra is near to answer.
PALNITKAR V.V.
(Expert) 29 March 2009
I dont know why the query is kept open when so many experts have replied twice !
