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ashok kumar (Social Worker)     06 February 2015

Nia-complainant not willing to proceed against 1 partner

NIA-Complainant not Willing to proceed against 1 partner

In a Cheque return case against a partnership firm having 3 partners, the complainant does not desire to proceed against 1 of the partners. Can he do so without jeopardizing his case against the remaining 2 partners?

What is the legal provision in this respect?



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     07 February 2015

It is not mandatory to proceed against all the partners, if the partner who is involved in the transaction has been impleaded as a party to the suit, it is sufficient.  If the accused has any grievances, he can challenge the issues during trial and cross examination and arguments.

ashok kumar (Social Worker)     08 February 2015

Dear Dear T. KalaiselvanJi 

In this case, The complainant does not wish to proceed against one of the partners. The trial court has already issued summons and the said partner has even appeared and obtained bail.
Is it legally permissible?

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