Judgemment
Anita Singh
(Querist) 21 March 2012
This query is : Resolved
can anybody provide me the any judgement on behalf of accused in cheque bouncing case
in my case accused no 1 is company accused no 2 is my client and accused no 3 is a partner of my client who is abscondig proclamation is pending against him and the company is already close the alleged cheque is signed by accused no 3 all the order copy for goods ,challn, purchase order signed by accused no 3 only my client has not signed any where so for that is there is any judgement to accquit him accused no 3 deal with the complainant and order the goods of which accusen no 2 who is my client had no knowldge there is a partnership deed which is in the costody of my client which i suggest no to present on the court any written format is there for written argument on behalf of the accused.
ajay sethi
(Expert) 21 March 2012
your client is partner of partnership firm . even though cheque has been issued by accused no 3 your client is liable as cheque was issued by accused no 3 for and on bhelf of partnership firm .
Anita Singh
(Querist) 21 March 2012
there is another part of my query that patnership is not registerd and on record there is no document which shows that accused is a partner of the firm
Shonee Kapoor
(Expert) 21 March 2012
Your query has been answered.
If the partnership is not registered, the onus is on the complainant to prove how he is a partner.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 21 March 2012
Dear
Anithaji,
A1 is represented by A2 and A3.Any business transaction executed by A2 or A3 is done on behalf of A1.Hence A2 is equally liable for the cheque bounce case.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 24 March 2012
First please clearify whether accused is company or partnership firm.
If the firm was holding out as partnership whether regd or not , all members are liable.
But from defense point of you have alibies to come out if documents, cheques and what not are not signed in the name of firm.
There is another mistake which complainant and their advocates do is lousy drafting of pleadings in complaint.
FIND LOOP HOLES IN THE PLEADINGS AND YOUR CLIENT CAN SURELY COME OUT- POWER OF DEFENSE IS IMMENSE.
