rajesh r 11 September 2020

138 no act

dear sir/s

my query is can jmf court quash or dismiss a 138 ni case if it's bad in law. ( the complainant has not arraigned the partnership firm but only one of the partner is made an accused)

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SHIRISH PAWAR, 7738990900 (Advocate) 11 September 2020

Hello,

The court can dismiss the complaint filed u/s. 138 of NI act. if it has no merits as per law.

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Advocate Bhartesh goyal (advocate) 11 September 2020

If partnership firm has issued cheque through it's partner then it is without arraying partnership firm as accused complaint is not maintainable and court can't take cognizance of offence against only partner and dismiss the complaint.

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rajesh r 11 September 2020

the court has taken cognizance .. and I(accused) have sumitted an application to dismiss the same as te plea also is not recorded yet .. orders awaited after hearing both the sides .. but I was told that the jmfc has no power to dismiss a complaint since cognizance is already taken.

Advocate Bhartesh goyal (advocate) 11 September 2020

Challenge the cognizance order by filing quash petition u/s 482 of Cr.p.c .You will get the relief.

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rajesh r 11 September 2020

I will have to approach the high court for that right sir

138 no act

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