Dear Madam / Sir , I have a partnership firm consisting of 2 partners , i.e. myself and my wife . We have filed a cheque bounce case (by our partnership firm) against another person before Covid crisis had hit. Last 2 yrs no hearing could happen due to Covid and now hearing might resume. As both me and my wife are senior citizens , i wanted to check in an unfortunate event if something were to happen to one of us , what would be the status of the case ? Since its a 2 partnership firm and partnership will stand suo mutto dissolved in such an event , how can we keep running the case ? Is it that the court will still keep the matter active irrespective of this development ? Can my son , take up the matter from there on ? He is unable to become the partner in our firm due to his job conditions . Kindly suggest a seamless way in which this can be managed in view of above constraints. Thanks
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Your son can be added as sleeping partner in the firm
there is no bar in son being a sleeping partner .
in any case once the complainant dies during the pendency of the complaint in the court, the Legal Representatives or Legal heirs of the Complainant can file an application under Section 302 of the Criminal Procedure Code, 1973 to seek permission to conduct the prosecution of the case.
Dear client,
If the partnership firm dissolves, then the members of the firm will be liable and the case will continue. Your son can take the matter when special power of attorney is executed and this needs to be done by passing a resolution by the members of the partnership firm.
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You can appoint authorised representative for the same in the said cases who will proceed with the case but he should have knowledge for the same
1. the surviving partner for himself/herself and on behalf of the legal heirs of the deceased partner can continue the case
2. if both the partners perish,then the legal heirs of the deceased partners can continue prosecuting the matter
3. the firm can also be dissolved and in the deed of dissolution any one partner can be given the authority to continue with the 138 matter
4. the court can be informed about such dissolution by filing an application for amending the complaint to change the name of the complainant from the partnership firm to that partner who is authorised to purse the matter upon dissolution of the firm
5. 138 matters take long. so if in between both the partners die, it cannot be taken that the accused goes scot free. the legal heirs of the deceased partners can always prosecute the matter
6. in this case both the partners are related as husband and wife and have a common legal heir who is your son who can proceed with the matter after demise of one or both
If the cheque bounce case is being prosecuted by the firm through it's partner or representative and if in between the partnership firm is dissolved but if one of the partners is alive, he or she can continue the case on behalf of the firm and the recovered amount would be added to the firm's account, post which the distribution would be as per the articles of association or prevailing law.
- Legally one of the partner can give POA to anyone for pursuing the case during the life time being the complainant .
- However, if one partner died the as per rule the firm will dissolve but the surviving partner can continue the case .
