138 ni act
Suchet
(Querist) 15 January 2019
This query is : Resolved
Complanant written cheque himself & deposited in his bank branch & Cheque bounced in december 2014. Notice not received but complanant attached only postal receipt not any A/d, notice envelope or any delivery confirmation. Complaint filled against company & Authorised signatory. Authorised signatory died but now complanint move application in 141 ni act to add another partners of firm after 4 years from complaint filling date. Court sommened partners. Kindly give suggestion for quashing complaint.
Dr J C Vashista
(Expert) 16 January 2019
Incomplete information.
Whether the complaint u/s 138/141/142 of the Negotiable Instruments Act, 1881 was filed within limitation ? If so, it is perfect to summon other partner on demise of authorised signatory.
Service of notice is presumed u/s 27 of the General Clauses Act.
