notc u/s 138

rAJAN (Querist) 14 December 2010 This query is : Resolved
Sir,

I have busines daling with one partnership firm and in discharge of legal liability one partner have issued me a cheque with partnership firm stamp which has been returned due to insufficient funds. I donot know the names of all the partner. now i want to issue notice? can i send notice at the firm name by writting through all its partners or i he to collect the name and addreses of all the partner. pls confirm me.

thanks an regards

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Parveen Kr. Aggarwal (Expert) 14 December 2010
If you can get details of the other partners and serve notice upon them also, it will be better. But even if you have no information about the other partners, you may serve notice to the partner issuing notice as well as to the firm.

Swathi S Bhat (Expert) 14 December 2010
Sir,

It is a fit case under Section 138 of Negotiable Instruments Act. You need not to issue legal notice to all the partners of the firm. You have to issue a legal notice addressing the partnership firm with in 1 month from the date of the endorsement given by the bank. In that legal notice disclose your dealings with the firm and its partners.

adv. rajeev ( rajoo ) (Expert) 14 December 2010
Issue notice to the Firm represented by Managing Partner.

Advocate. Arunagiri (Expert) 14 December 2010
Notice to the partnership firm is sufficient. While filing the case all the partners can be included as the accused.

Swathi S Bhat (Expert) 14 December 2010
Yea! Mr. Arunagiri is right.

Kirti Kar Tripathi (Expert) 14 December 2010
Since the cheque was issued against the liability of the firm and the firm is liable for payment as such issuing of notice to firm is sufficient.

N.K.Assumi (Expert) 14 December 2010
Refer to the case of Suriya moorthy Vs Chandradevi: (2003) 116 Company case 234. In that case it was observed that provisions making all partners liable should be read with the provisions making such director or partner in charge of the affairs of the firm to be liable for dishonor of cheque and prosecution has to plead and prove that partner was in charge of the affairs of the firm at the relevant time.

DEFENSE ADVOCATE.-firmaction@g (Expert) 14 December 2010
So unless you issue notice to all the partners than later you can not implead theme.

Advocate. Arunagiri (Expert) 14 December 2010
For including all the partners, it is sufficient to say that the accused are taking part of day to day operations of the partnership firm. No need to send notice to all the partners.