Background:<\/h3>\n\n\n\n
The respondent Bank of Baroda issued term loans to M\/s Global Packaging wherein the appellant is a partner. A partner in the firm issued three cheques in his name for a loan extended to the firm. As the cheques were dishonored, the Bank filed a case under Section 138 of the NI Act against the said partner and the appellant.<\/p>\n\n\n\n
When the matter reached the Supreme Court, the court noted that the appellant did not issue any cheque. The Court decided<\/a> that in absence of any evidence proving the involvement of the appellant towards the issuance of the cheques and thus, the appellant can\u2019t be convicted.<\/p>\n\n\n\n The internet is not a lawyer and neither are you. Talk to a real lawyer about your legal issue<\/p>\n\n\n\n The court took into consideration the case of Girdhari Lal Gupta v D M Mehta and Anr to decide the case.<\/p>\n\n\n\n Also, the Apex Court held that the appellant can\u2019t be held just because he is a partner in the firm. Hence, the Court set aside the conviction held by the lower courts and thus acquit the appellant.<\/a><\/p>\n\n\n\n In conclusion, it can be said that merely because a person is a partner at a firm, he can’t be held liable for offenses committed by any other partner of the firm, neither can he be charged merely if he is a guarantor to a loan<\/p>\n\n\n\nNeed A Legal Advice<\/strong><\/h3>\n\n\n\n
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<\/a><\/figure><\/div>\n\n\n\nConclusion:<\/h3>\n\n\n\n