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rajesh r 01 February 2019

dear sir.. the reason given in dismission prayer is that the complainant has made only one partner(me) accused and excluded the firm and the other partner as accused .. the cheque on question is of a registered partner ship firm ..

rajesh r 01 February 2019

No sir I'm a partner and the transaction was between the compaiant and the company.. not personal in nature

R Trivedi (advocate.dma@gmail.com) 02 February 2019

Rajesh, ideally speaking the firm should have been the first accused and partner or partners after that. In absence of firm as accused in the complaint, the case against you is not made out. But the magistrate has no power to dismiss the complaint once the process is started. So your application will be dismissed in due course. Only remedy is S.482 HC, but since this is a question of law, HC may come up with some fantastic reasoning and dismiss your appeal. Nonetheless it is worth a try under S.482 with HC.

R Trivedi (advocate.dma@gmail.com) 02 February 2019

Rajesh, ideally speaking the firm should have been the first accused and partner or partners after that. In absence of firm as accused in the complaint, the case against you is not made out. But the magistrate has no power to dismiss the complaint once the process is started. So your application will be dismissed in due course. Only remedy is S.482 HC, but since this is a question of law, HC may come up with some fantastic reasoning and dismiss your appeal. Nonetheless it is worth a try under S.482 with HC.

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rajesh r 02 February 2019

hc means high court ?

rajesh r 14 March 2020

dear sir s

the dismis application filed by us in Jan 2019 is still pending to hear till date after the complainant filed objection . it has been 14 dates and every time I am present I have been given next date .. is it advisable for me to approach the high court for dismissing the complaint under sec 482 despite of the delay . plea has not been taken yet .

rajesh r 14 March 2020

the citation we will be reffering to is the S.C judgement between aneeta hadda and m/s godfather travels Pvt Ltd.

rajesh r 14 March 2020

please note that my advocate is a fresher

rajesh r 14 March 2020

yes sir it is indeed a similar case but can the lower court that is jmfc have the power to dismiss the case or I have to approach the high court . thanks

rajesh r 06 January 2021

ar experts .. i had filed a dismiss application in the trial court which dismissed my application and observes that dismissing a complaint once cognisance is takes is not possible .. I approached the high court under sec 482 for quashing of the same ... high court too dismissed my application stating if the cheque is of a firm the case will be not maintainable but it will be deceided in the trial if the cheque in dispute is a company cheque so the application is dismissed ...

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