Legal Question in Criminal Law in India

Re: negotiable instruments

Both will be liable.

Re: negotiable instruments

Dear Gentlemen:

The partnership firms, registered or not, are covered under section 142 of the Neg. Instrument Act. Under that section, in addition to the drawer of the cheque, all those persons (partners or not) who are responsible for the acts of the firm are liable under section 138 of the act. So, the persons including but not limiting to partners, who are responsible for the day to day working of the firm (say accountant/manager) are liable under section 138 of the act.

Any question, please do not hesitate to write.

Bhushan Arya

Re: negotiable instruments

Offcourse both will be liable,but in some cases factual situation can change ground realities.for details call me on -09818043888.

Re: negotiable instruments

In case of a partnership firm, all the partners who are in-charge of and responsible for day to day affairs of the firm are liable. Registration or otherwise of a partnership firm is relevant only for the purposes of a suit.

Re: negotiable instruments

Dear Gentleman,

In reply to your query, please note that both the partnership firm including the person who signs the same would be liable for hte offence of bouncing of cheque.

Under the Negotiable Instruments Act, partnership firm is equated with a Company and any person incharge of hte daily affaris or responsioble for the daily conduct of affairs shall be responsible for the offcence.

However, there are ways out as well including and depending on as to in which capacity the person actualyl signed the cheque.

If an accountant who merely is a signing authority without having any role in the daily affairs, he cannot be held responsible.

Moreover, there has to be a clear assertion to this effect in hte complaint lodged.

This is only a presumption against the person signning the cheque, however, a rebuttable one.

For detailed opinion, please contact on the office address of the firm.

Rergards