Learned Forum member, please send some guidelines for me to institue a case u/s 138 NI Act. The circumstance is as follows:
1) 'A' is a general power of attorney holder of a partnership firm 'P & Co'.
2) 'B' & 'C', (father and son) are a customers of P & Co.
3) Due to business transactions, C (who is the son of B) owed an amount of Rs. 3,50 lacs to P & Co.
4) C also took a personal loan of Rs. 1,00,000.00 from A. B took a loan of Rs. 50,000.00 from A.
5) Thereafter C issued cheque of Rs. 5,00,000.00 (3.50 + 1.00 + 0.50) in favour of A, which got dishonoured. Notice was issued.
6) Then B - the father of C, came and made a part payment of 30,000.00 and issued a cheque for balance amount. This was also dishonoured. Notice was issued to the father.
Now please guide me through the institution of the case u/s 138 against the father. The cheque was issued in discharge of personal as well as business liabilities. Business liability was toward the firm and personal liabilities was towards the Attorney.