cheque of partnership firm can be issued for discharge of personal li
15-Sep-2023 (In Cheque Bounce Law)
If cheque of partnership firm is issued for discharge of disputed individual personal liability of partner and cheque is bounced for want of funds, can legal proceeding be instituted under 138 NIA act against said partner. Drawer of cheque is partnership firm and said partner is authorised signatory and partnership firm is not arraigned as accused
The complaint under Negotiable Instrument Act Section 138 can be brought against only the drawer of the cheque, which is of course the partnership firm . the cheque issued has been returned for reason of insufficient funds. so basically accuse number 1 would be partnership firm . since the partnership firm is fictitious person so accused number 2 would be the person authorised signatory IE the partner . the case would not succeed unless the partnership firm is not included as an accused .
No authorized signatory alone is not liable particularly if firm is not made a party . Liability does not vests on the authorised signatory as per the decision of Supreme court. You can get the proceedings stayed from High court. Contact me for any help.
it's a common problem. many rulings and land mark judgement on this point in fever of you. don't worry about that.
agar apki legal liability nahi he to aapko punishment nahi di ja sakti. negotiable instrument act section 138 me proper clear he
agar apki legal liability nahi he to aapko punishment nahi di ja sakti. negotiable instrument act section 138 me proper clear he
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