sleeping partner in firm

6 years ago

sir my mother and father registered a partnership firm in which my father is active member and managing director involved in day to day affairs of the firm where a s my mother is sleeping partner.
my father issued some check to some people in the name of firm that bounce.
i know my father is at fault .. but people have sent notice to my mother as she was also partner in the firm.
so my question is " is sleeping partner equally responsible for the check bounce ? "

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Adv. Sarika Khude

Responded 3 years ago

A.I agree with my friends but in criminal proceedings intention and conduct always have meaning.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client partnership firm is depends on joint laibility. you need to go through professional legal consult for detail resolution.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client in your case Yes all the partners are liable for any cheque bounce if the cheque is issued in the name of company. secondly her individual role will be matter of facts during the trail but tI'll then she will be prosecuted as one of the accused. you need to seek exemption from personal appearance during trial.

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Jugal Kishore

Responded 6 years ago

A.I agree with my friends but in criminal proceedings intention and conduct always has meaning. There are so many ifs and buts.

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Rajinder Raina

Responded 6 years ago

A.Yes all the partners are liable for any cheque bounce if the cheque is issued in the name of company .secondly her individual role will be matter of facts during the trail but tI'll then she will be prosecuted as one of the accused..you need to seek exemption from personal appearance during trail ..consult local lawyer though this site
Thanks

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Ambrose Leo

Responded 6 years ago

A.Under Partnership All Partners are responsible for the action in the name on the firm. Further cheque bounce falls under NI Act Amended and strict clauses have been added,it is advised to consult expert to avoid penal legal consequences.

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Purbasha Roy

Responded 6 years ago

A.In your first line you have mentioned that the firm is registered on both of your parent's names. So, it does not matter if she is a sleeping partner or not. She is equally responsible for any circumstances that occurs in the firm.

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Johnson Thangiah

Responded 6 years ago

A.Sir,
138 -of - NI - Act clearly mentioned that the issue of cheque bounce is a offence and in U/S 141(1) clearly defines the offence of the company.So she also responsible and consult advocate.

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