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        Case ID :
        Indian Laws

        HC held that the legal notice served on two partners of the...

        Legal Notice Served to Partners Deemed Valid; Security Cheque Confirms Debt Liability Under Section 138 of NI Act

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                HC held that the legal notice served on two partners of the partnership firm was valid, despite not being directly addressed to the firm. The blank security cheque issued in 2009 was deemed a legitimate instrument for discharging outstanding debt. The court rejected technical objections regarding notice service and partner liability, finding prima facie evidence of legally enforceable liability. The third petitioner (partner's wife) cannot be discharged at the summoning stage without proving her non-involvement. The complaint under Section 138 of NI Act stands, and the petition challenging the criminal proceedings was dismissed.
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