Criminal case against co parceners of huf u/s 138 of negotiable instrument act?
Akshay
(Querist) 09 January 2013
This query is : Resolved
The Karta of an HUF signed a cheque which was dishonoured. However when the cheque was presented the karta had died.Can a criminal proceeding be initiated against the co parceners u/s 138 of the negotiable instrument act? What are the other remedies available?
Akshay
(Querist) 10 January 2013
dear anil do have any relevant case law or any specific rovision which allow us to do that?
Raj Kumar Makkad
(Expert) 10 January 2013
No criminal action can be initiated other than the Karta in case of Joint Hindu Family, however, the suit for recovery can be brought.
Advocate Bhartesh goyal
(Expert) 10 January 2013
Rightly advised by Mr makkad,No criminal proceedings can be initiated against lr's of drawer of cheque or any other member of HUF,civil suit for recovery can be filed.
Raj Kumar Makkad
(Expert) 10 January 2013
Thanks Bhartesh G for agreeing with me.
R.venkatesh Naidu
(Expert) 15 January 2013
i agreed the experts and my answer is also same