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    <title>2002 (5) TMI 877 - ALLAHABAD HIGH COURT</title>
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    <description>Section 69(2) of the Partnership Act, 1932 bars suits by an unregistered firm to enforce contractual rights, but that bar does not extend to a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881. A cheque dishonour prosecution is a penal proceeding distinct from civil recovery, so the maintainability objection failed. The notice of demand was issued and served within time, the drawer did not pay within fifteen days, and the complaint was filed within the limitation period under Section 142. The prosecution was therefore legally maintainable and no ground for quashing was made out.</description>
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    <pubDate>Thu, 23 May 2002 00:00:00 +0530</pubDate>
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      <title>2002 (5) TMI 877 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=275890</link>
      <description>Section 69(2) of the Partnership Act, 1932 bars suits by an unregistered firm to enforce contractual rights, but that bar does not extend to a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881. A cheque dishonour prosecution is a penal proceeding distinct from civil recovery, so the maintainability objection failed. The notice of demand was issued and served within time, the drawer did not pay within fifteen days, and the complaint was filed within the limitation period under Section 142. The prosecution was therefore legally maintainable and no ground for quashing was made out.</description>
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      <pubDate>Thu, 23 May 2002 00:00:00 +0530</pubDate>
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