Legal Question in Criminal Law in India

Cheque Bounce under Partnership Firm

A sleeping partner gets 10 post dated cheques of Rs.15000 each from another partner of his saving a/c as withdrawl of capital which is in negative balance. After 4 cheques encashment firm falls in dispute & is closed since then. can holder of cheques (bounced) file case under NI act 138.


Asked on 4/04/09, 12:15 pm

6 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Cheque Bounce under Partnership Firm

Yes.

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Answered on 4/05/09, 1:16 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Cheque Bounce under Partnership Firm

Already replied.

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Answered on 4/06/09, 5:58 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cheque Bounce under Partnership Firm

Yes

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Answered on 4/05/09, 8:00 am
Pranav Desai PD Legal & Associates

Re: Cheque Bounce under Partnership Firm

Your question is replied by my colleagues.

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Answered on 4/10/09, 12:55 pm
Yanala LaknaReddy Law towers

Re: Cheque Bounce under Partnership Firm

Its all depends on the obligation of other party who issued the cheque. The terms and conditions of the deed of partnership shows it, 138 NI act complaint is maintanable. Otherwise not.

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Answered on 4/04/09, 8:57 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cheque Bounce under Partnership Firm

Yes, the payee may be entitled to prosecute the drawer in the given situation.

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Answered on 4/04/09, 9:42 pm


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