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Ajinkya Lad   03 November 2024

criminal revision petition against issue process

Hii

in a matter of 138, the complainant has made me a party bcoz I'm involved in partnership, and the cheque of the partnership firm given by another partner was dishonour. i was not aware of the transaction further there is no averment in complaint which can denote my legal liability against the transaction.
the trail court ordered the issue process and I'm challenging the issue process order.

I've 2 questions

1) which grounds should I plead in such a case

2) whether the state has to make respondents as we are challenging the courts order?

thankyou in advance


Learning

 3 Replies

P. Venu (Advocate)     03 November 2024

Why the cheque was issued? Is it because of the debt or liability of the firm or that of the particular partner in his personal capacity? What are the allegations in the complaint as well the mandatory Notice?

Ajinkya Lad   03 November 2024

cheque was given for the liability of partnership, but no specific liability of particular partners are mentioned

Dr. J C Vashista (Advocate )     04 November 2024

Signitory of dishonoured cheque shall be prosecuted.

Q 1 Your lawyer / tutor / professor can advise.

Q 2 No.


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