Negotiable instrument act.,

K RAVI KANTH (Querist) 08 January 2015 This query is : Resolved
Hi every one,

Cheque was obtained by one of the Partner of Partnership Firm in his individual Capacity towards the Liability of his partnership firm and on its dishonour has filed Sec 138 NI Act case in his personal capacity.

Whether a Partner is entitle to claim the liability of the Partnership Firm in his individual capacity?

Whether there is any liability of the Drawer of the Cheque to pay the Partner on his individual capacity?

If yes/No please advice me with relevant citations.

Note:
The Cheuqe was not issued in the name of Partnership firm, one of the partner has obatined the Cheuque from the drawer in his personal name/capacity under the guise of the Partnership liability.

Admittedly the drawer of Cheque is not having any liability towards that partner personal capacity.

please advice.,

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ROHIT SHARMA (Expert) 08 January 2015
1. If the cheque was obtained in the name of the Partnership Firm then of course such partner can sue the drawer of such cheque in his individual capacity being a partner of the firm. Each partner is authorized to make good any loss done to the partnership firm. The drawer needs to pay the dues in the name of the partnership firm and not in the individual name of the partner.

Advocate M.Bhadra (Expert) 08 January 2015
The Partnership Firm as well as partners are personally liable and even after dissolution also the firm and partners are liable. Once the cheques are dishonoured you can file a complaint under Section 138 of the Negotiable Instruments Act or you can file a suit for recovery of the said amount under the summary procedure provided in Order 37 of Code of Civil Procedure, 1908.

Guest (Expert) 08 January 2015
Well advised by Mr.Rohit Sharma and Mr.M.Bhadra Advocates.

Rajendra K Goyal (Expert) 09 January 2015
The partners are individually and severally responsible for the acts of the firm. If cheque was issued towards the satisfaction of the debts of the firm and cheque is dishonored, the drawer is liable u/s 138 NI Act.

K RAVI KANTH (Querist) 09 January 2015
ROHIT SHARMA Sir,

The Cheuqe was not issued in the name of Partnership firm, one of the partner has obatined the Cheuque from the drawer in his personal name/capacity under the guise of the Partnership liability.

Admittedly the drawer of Cheque is not having any liability towards that partner personal capacity.

please advice.,

DEFENSE ADVOCATE.-firmaction@g (Expert) 09 January 2015
If you are an accused than good chance to come out.

But it is easier said than achieved.It will need an expert defense advocate.

There is fine distinction between individual and partners liability.

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