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Aakash Gupta   01 March 2017

Negotiable Instrument Act

acquital given on ground that, proprietor could not prove that he was the proprietor of the firm. want to go for acquital appeal, need judgment saying, proprietor need not establish that he is the proprietor. Thanks in advance


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 2 Replies

G.L.N. Prasad (Retired employee.)     01 March 2017

Whether you are the proprietor or not ?

What your bank statement states, what about registration with Tax authorities and Municipality, and other invoices or payments made by you.

Why don't you seek the advocate who attended the case, as he should have shown umpteen ways to establish that you are the proprietor.

Simple citation is not important.  Facts are important.  Your advocate who knows the facts is most competent to guide you.

Even a common man knows that individual and sole proprietor are not different, and when the trade name is different, the individual is called as sole proprietor.  There is something other than what is posted.

R Trivedi (advocate.dma@gmail.com)     10 March 2017

If accused objected to during cross, then complainant was required to submit some proof like bank details, tax registration certificate which could have proved the same. Discuss with local lawyer, at appellate stage this kind of incontrovertible evidence can be accepted by High Court. HC may send it back to trial court for reconsideration on merit if satisfied with bona fide of complainant as proprietor.

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