negotianle instrument act
ad. creaminall
(Querist) 22 July 2009
This query is : Resolved
on behalf of complainant >>> a complaint filed against a partnership firm and one of its partner who was the signatory of the cheque. after filing of the complaint and after the cross examination of complainant was complete, the accused partner is expired. can i join the other partner/s as accused? plz. provide any citation/s if available.
Kiran Kumar
(Expert) 22 July 2009
hello Mr. CREAM-IN-ALL (as u spelled for criminal)
the proceedings will abate, only the signatory has to be liable, criminal liability can not be shifted to other partner.
though u r not barred from filing civil suit for recovery against the firm.
ad. creaminall
(Querist) 22 July 2009
thank you kiran. but can't i sue the partnership firm in the proceedings who is acc. no.-1 and can't i sue the remaining partner as arepresentative of firm in the same proceeding in place of decease?
ajay somani
(Expert) 22 July 2009
that the proceeding itself abate as the accused person (Partner) who was the signatory of the cheque expired during the pendancy of the criminal procdeeing, now you having only remedy to file civil suit for recovery of amount due to the said firm. That too within the period of three years from the date of last transaction or if the said firm has paid any part payment
you can also consult me on my cell no.s 09890157000, 09373157000
adv. ajay somani Nagpur(mAharashtra)
MANISH
(Expert) 26 July 2009
Dear friend,
For instituting the criminal case against the firm, all the partners' name has to be mentioned. if the same was not done initially, then you may mention the same thereafter submitting an application in this regard. Because the offence was committed by the firm, and it was the firm and not the partner who committed the offence, so all the partners have to be made accused in such a case. As per Partnership Act, each and every partner is liable for the acts and deeds done by any one partner in the name of the firm.
If the court does not allow the application for some reasons, you may approach high court under section 482 for the same.
