| Topics |
Headnote |
Judgement |
| NEGOTIABLE INSTRUMENTS ACT, 1881 |
|
PDF |
| NEGOTIABLE INSTRUMENTS ACT, 1881 |
CrPC — S 378 — NI Act — S 138— Partnership Act — S 69 — Dishonour of Cheque — Complaint by Unregistered firm — Legality of — Held, It is quite clear that under Section 69(2) of the Partnership Act, the complainant, unregistered partnership could not have legally enforced the debt— If being unregistered partnership it cannot legally enforce the debt— it is not legally enforceable debt and would go out of the purview of Section 138 of the N.I. Act— Acquittal upheld. (Para 9) |
PDF |
| NEGOTIABLE INSTRUMENTS ACT, 1881 |
Interpretation of Statute — NI Act — S 138 — Debt or other Liability — Enforcement of — Nature of — Enforcement of legal liability has to be in the nature of civil suit — because the debt or other liability cannot be recovered by filing a criminal case — Mr. Amit Desai and another vs. M/s. Shine Enterprises —Relied. (Para 8) |
PDF |
| NEGOTIABLE INSTRUMENTS ACT, 1881 |
Partnership Act — S 69 —vis-à-vis — NI Act — S 138 — Unregistered firm — bar of filing a suit by— Held, when there is a bar of filing a suit by unregistered firm, the bar equally applies to criminal case — Mr. Amit Desai and another vs. M/s. Shine Enterprises —Relied. (Para 8) |
PDF |