Legal Question in Criminal Law in India
Negotiable Instrument Act
Resp. Sir,
The complaint has filed by M/s Amol Patil & Construction Company through prop. R.H.GhatgePatil. But cheque has issued in the name of M/s Amol Patil only which is bounced. Both the name of Company are different whether this complaint maintainable ? If not then under which provision of this act.
Thanking you.
4 Answers from Attorneys
Re: Negotiable Instrument Act
If cheque is issued to M/s.Amol Patil and complaint filed by proprietor of M/s.Amol Patil, it is maintainable.
Re: Negotiable Instrument Act
The complaint can be filed by the prop on behalf of his concern and is maintainable
Re: Negotiable Instrument Act
There is no 'separate' entity between the prop and his prop firm. the two are considered same in law.
Re: Negotiable Instrument Act
No complaint can be filed only by the payee i.e Amol Patil provided the two firms are different.
Related Questions & Answers
-
Loc LOC ,Look out circulars are issued by Police for absconders.Where exactly these... Asked 4/11/09, 6:53 am in India Criminal Law
-
Forgery of signature on cheque If someone forges signature on cheque and then files... Asked 4/11/09, 4:53 am in India Criminal Law
-
Review petition in SC in SLP(criminal) A case u/s 138 of four cheques dishonoured,... Asked 4/11/09, 4:39 am in India Criminal Law
-
False complaint under SC/ST Act I've been flasely accused in a complaint filed under... Asked 4/10/09, 2:05 pm in India Criminal Law
-
Cheque Bounce I had given a check and a bond paper(both signed) as a guarantee... Asked 4/10/09, 1:05 pm in India Criminal Law