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Aravind.K., (Consultancy)     25 November 2014

Prosecution of retired partner under sec 138 of ni act

 

Dear Learned Friends,

 

Request clarification on the following situation please.

 


A partnership firm comprising of four partners, issued an undated cheque as security to a proprietary concern with who business relationship was established. Two partner retired from the firm thereafter. The proprietary firm fills the date and beneficiary's name in the aforesaid cheque after retirement of two partners and presents the instrument for encashment and is returned dishonoured. Under the circumstances, are the retired partners liable to be prosecuted under NI Act?

 


I will be very thankful if any judgments can be pointed to for reference in the above circumstances.

 


Thanks,

Aravind



Learning

 1 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     25 January 2015

If the partners retired prior to the issue of cheque than only they can be excused.

 

However the complainant has to prove many facts and if the case is properly handled you can come osut of it.


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