Negotiable instruments act, 1881 and consumer lawsuit
Amar Singh
(Querist) 24 January 2017
This query is : Resolved
Dishonoured cheque (in original) along with the return memo was handed over by payee's banker to somebody else (could be drawer or his representative) without the account holder's (payee) consent/authority, please tell me what remedy does the payee has against the drawer and his (payee's) banker. Will the payee be able to file a lawsuit against the drawer u/s 138 of NI Act and further should the further plan of action be?
Thanking you in anticipation of timely and appropriate response
adv.bharat @ PUNE
(Expert) 25 January 2017
You can make complaint in bank ombudsman for not following the guidelines issued by RBI.
Adv. Yogen Kakade
(Expert) 25 January 2017
As you do not have the dishonored cheque and the memo, still you can send a demand notice as you have a knowledge of such dishonor of the said cheque. As the limitation is applicable in this process.
Adv. Yogen Kakade
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888 / 09225510883
r.sathyanarayanan
(Expert) 25 January 2017
Dear Mr.amarsingh
,
Issue a letter to your bank on this and insist your banker to give you the letter to this effect with cheque no.
Based on the bank letter , issue 138 notice and also enclose the above letters.
If you are going to file a complaint,examine your banker as well the accused banker to prove the letters issued about the not handing over the return cheque to you.
You can also file a consumer complaint against your banker for deficiency of service.
The case u/s 138 can be filed since the non payment of the can be proved.
Guest
(Expert) 25 January 2017
A Practical Advise by Expert/Advocate Mr.R.Sathyanarayanan
Amar Singh
(Querist) 25 January 2017
Thank you for guidance and your time, i really appreciate it. I need more clarity on this, please if you could help;
Are they (the dishonoured cheque and the return memo (both in original)) not mandatorily required to be produced to the authorities to file a law-suit u/s 138 of NI Act, 1881. A practicing advocate told me that in the absence of these instruments the payee shall be unable to file a law-suit in the court of law even though he may be able to serve a notice on the drawer.
Thanking you in anticipation of timely and appropriate response
r.sathyanarayanan
(Expert) 28 January 2017
Dear Expert Mr.Rajkumar,
Thanks for your compliment.
For any assistance at Chennai,I wl be pleased to support you.
Regards,
R.sathyanarayanan
timelyjustice@g.mail.com
99405 41805(M)
r.sathyanarayanan
(Expert) 28 January 2017
Dear Expert Mr.Rajkumar,
Thanks for your compliment.
For any assistance at Chennai,I wl be pleased to support you.
Regards,
R.sathyanarayanan
timelyjustice@g.mail.com
99405 41805(M)
Guest
(Expert) 28 January 2017
Thanks and welcome and Certainly I would Keep it Noted and Utilize when Required Please.Kind of you Advocate Mr.R.sathyanarayanan
Rajendra K Goyal
(Expert) 30 January 2017
otherwise You can file recovery suit, make Bank as party.
