The complaint of dishonour of cheque was challenged for lack of ...

Court Dismisses Cheque Dishonor Complaint Against Sleeping Partner; Proceedings Continue Against Active Partners Under Partnership Act.

August 14, 2024

Case Laws Indian Laws HC

The complaint of dishonour of cheque was challenged for lack of necessary averments against the partners. Partnership Act provisions establish partners' liability for firm's business. Partners are agents and jointly/severally liable for firm's acts. In a partnership, all working partners are responsible for firm's business. Directors of a company have different responsibilities. Without public notice of retirement, partners remain liable. Court quashed the complaint against one partner (a sleeping partner) but allowed it to proceed against others. The High Court disposed of the petition.

View Source

← Previous Next →

The complaint of dishonour of cheque was challenged for lack of ...

Court Dismisses Cheque Dishonor Complaint Against Sleeping Partner; Proceedings Continue Against Active Partners Under Partnership Act.

August 14, 2024

Case Laws Indian Laws HC

You may also like:

Dishonour of 5 Cheque - admissibility of joint trial - The High Court held that, when all the cheques were issued by the husband and wife for the same cause of action...

Dishonour of Cheque - Effect of arbitration proceedings - The High Court referred to a Supreme Court judgment which clarified that arbitration proceedings and...

The court held that once a Magistrate takes cognizance and issues process against the accused, there is no provision in the Code of Criminal Procedure to allow the...

Dishonor of Cheque - vicarious liability can be fastened on the partner of the firm or not - When in view of the basic averment process is issued the complaint must...

The petition challenged the criminal complaint filed against the petitioner u/s 138 read with Section 141 of the Negotiable Instruments Act for dishonor of cheque. The...

Dishonor of Cheque - insufficiency of funds - misuse of blank signed cheques by power agent - In the absence of the Principal appearing before this Court to substantiate...

Dishonor of cheque - presumption that cheque was issued in discharge of legal liability, burden on accused to prove contrary. Supreme Court observations: While deciding...

Dishonor of Cheque - jurisdiction of the court for proceedings initiated on a complaint under Section 138 of the Negotiable Instruments Act, 1881 - As admitted by the...

Dishonor of Cheque - When a cheque is issued even though as ‘security’ the consequence flowing therefrom is also known to the drawer of the cheque and in the...

Dishonor of Cheque - An offence under Section 138 of the NI Act is technical in nature and defences, which an accused can take, are inbuilt; for instance, the cheque was...

This case pertains to the dishonor of cheques and the challenge to cognizance and summoning orders. The key points are: The cheques were signed and issued by respondent...

Dishonour of cheque - no order for conversion into summons triable matter - application of Section 145(2) of Negotiable Instruments Act, 1881 - violation of natural...

Dishonor of Cheque - Different cheques, may be issued for discharging the liability, arising out of one and same transaction, are separate entities and dishonour of each...

The High Court quashed the criminal proceedings u/s 138 of the Negotiable Instruments Act arising from a complaint case. The petitioners were accused of criminal...

Dishonour of Cheque - the cheque has been dishonoured due to closure of the bank account, since the very cheque in question is materially altered and had been returned...

Quick Updates: