legal notice of cheque bounce was sent to the Mr. X presuming him the proprietor of the frim whereas he is managing all the business affairs of the proprietorship firm which is in the name of his wife. chques was signed by the proprietor i.e. wife of Mr.X. complaint filed against Mr.X. at the time of service of summon it came to the knowledge of the complainant the Mr.X is just managing the business actually the proprietor of the firm and signatory of the cheque is wife of Mr.X. complainant moved application u/s 319 Crpc, judge saying how can he summon the wife when legal notice was not sent to her. complainant said that legal notice was sent to the person who is managing all the business of the firm, now judge is asking for some Citation on- it is sufficient to send legal notice to the person managing the business of the firm. plz help.
R Trivedi
(advocate.dma@gmail.com)
20 January 2019
Did you name the firm in notice? Actually you are not expected to know about the constitution of the firm, so if your notice is in the name of firm and if your complaint includes firm also as accused, then surely X can be summoned.
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