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.


Asked on 4/11/09, 11:23 am

4 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

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.

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Answered on 4/12/09, 1:55 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Negotiable Instrument Act

The complaint can be filed by the prop on behalf of his concern and is maintainable

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Answered on 4/12/09, 3:41 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Negotiable Instrument Act

There is no 'separate' entity between the prop and his prop firm. the two are considered same in law.

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Answered on 4/14/09, 9:02 pm
Pranav Desai PD Legal & Associates

Re: Negotiable Instrument Act

No complaint can be filed only by the payee i.e Amol Patil provided the two firms are different.

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Answered on 4/14/09, 4:55 am


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