138 payee Gandhi HUF

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.

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PALNITKAR V.V. (Expert) 25 March 2009
HUF is not a "Person" like a company in legal sense. At the most it is like a partnership. Hence, in my opinion a complaint would not be defective. But it is better if we have more views since this issue is quite interesting.

PALNITKAR V.V. (Expert) 26 March 2009
I think the query is repeated one. I saw that the other repeated query is closed as resolved. Better to close this also

Jithendra.H.J (Expert) 26 March 2009
only the payee can file the complaint or the holder in course, others cant become complaint

Adv.Shine Thomas (Expert) 28 March 2009
Where a complaint is filed by an individual,an authorisation from the Karta is sufficient.

A V Vishal (Expert) 30 April 2009
No other views?

Sachin Bhatia (Expert) 06 October 2009
The complaint would not be defective, an authorisation from the Karta is sufficient.

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