Section 138 of the Negotiable Instruments Act - Cheque was issued by and on behalf of the firm - Notice issued about the dishonor of cheque - after completion of Trial - pending the case A2 died on 2-12-2006 - Trail court dismissed the complaint against the A1 firm and A2 as abated and after hearing the A 3 and A4 dismissed the case on merits - Whether Firm A1 too abated when it was represented by A3 and A4 other partners ? for the purpose of imposing fine of double the amount, the death of A2 does not abate the firm as other partners can continue the firm on the death of one of the partner as per law - Remanded the matter to decide the case on the point whether the firm dissolved or not with reference to the D-1 partnership deed already exhibited, from death of A-2 one of the partners and if not dissolved for nothing to abate to decide the liability of A-1 firm though not A-3 representing A-1 firm personally liable, to the liability of imposing fine against the firm in the event of the debt is proved legally enforceable - 2015 A.P.msklawreports
Section 138 of the Negotiable Instruments Act - Cheque was issued by and on behalf of the firm - Notice issued about the dishonor of cheque - after completion of Trial - pending the case A2 died on 2-12-2006 - Trail court dismissed the complaint against the A1 firm and A2 as abated and after hearing the A 3 and A4 dismissed the case on merits - Whether Firm A1 too abated when it was represented by A3 and A4 other partners ? for the purpose of imposing fine of double the amount, the death of A2 does not abate the firm as other partners can continue the firm on the death of one of the partner as per law - Remanded the matter to decide the case on the point whether the firm dissolved or not with reference to the D-1 partnership deed already exhibited, from death of A-2 one of the partners and if not dissolved for nothing to abate to decide the liability of A-1 firm though not A-3 representing A-1 firm personally liable, to the liability of imposing fine against the firm in the event of the debt is proved legally enforceable - 2015 A.P.msklawreports