Raj Malhotra (it) 21 July 2012

Case against bounced cheque issued by a company/firm

Hello everyone,

I want to tell you that i received three 3 cheques of Rs.50,000 each (i.e, a total of Rs.1,50,000) from the company i was working for. I put those 3 cheques for clearance and now they got dischonoured.This company is a very very small company and also they have an account with a small co-operative bank.I belong to delhi and the bank is located in maharashtra. The cheque got dishonoured and came back to my postal address after 20 days from the date when i put them for clearance.

I came to know that i need to issue notice within 30 days from the receipt of the information of dishonour of cheque to the company.

Now, the thing is that the company has moved from the location where it used to be earlier. I am not aware of the new address nor am i getting any information about the same. The company's account is still active as my cheque got dishonoured and reason was mentioned as " Insuficient funds ". One more point i would like to mention that the company's email address is also working fine and he also told me that he read my mail, so that confirms the mail is working fine.

Also i have been interacting with the owner directly and he has been giving me false assurance from a long time. I have made about 100 calls to him for the same. He has been giving excuses all the time. He sometimes cuts my call or doesnt receive it or even sometimes pick up n doesnt speak.

Now, the thing is that i dont have his personal address nor do i have company's new address. How shall i proceed with the same? How shall i send him a legal notice . Will a legal notice on company's email address do ?

Please reply asap, I got the dishonoured cheque on 10/7/2012, it has already been 11 days

Thanks and regards

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15 Replies

Kishtaiah (Advocate) 21 July 2012

Mr.Raj Malhotra, you still have time to send legal notice. Consult your local advocate and cause notice to be sent to the known address of the company as well as the signatory to the cheque in his official capacity. Also send the notice through email to the active email address of the company and the signatory separately. Explain your advocate, as to why cheque payments were made to you. If 30 days time elapses before sending legal notice, present the cheques for realisation once again and on being dishonoured you can send the notice to reach before next 30days. Get the company's registered address from bank records and use it. Then after lapse of 15days you can file case in Maharashtra in the court that covers the company's bank jurisdiction. The other requirements your advocate will explain you. Good luck.

Raj Malhotra (it) 22 July 2012

Hello Sir, Thanks for the quick response. I would like to tell you that i went to the old address of the company but it does not exist on that location now, the place is empty now. they have shifted to a new place now but they arent telling the new address. I can send a notice to them at the old address but i think that would be of no use as the company is no more over there.

The signatory is only the owner of the company and i have been communicating with him only.

I would also like to ask u that , will the bank provide me the confidential details of their customer i.e.,the registered address?

N.K.Assumi (Advocate) 22 July 2012

Sir.Kishtaiah, has explained in detail, follow his advise.

1 Like

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 22 July 2012

First of all the main question will arise how and why the trasections were done from such a long distance.

Procedure has been explained by other friends. I will just add that to the place and find out actual address from the bank.Or invite the party for discussions and find out from him his present activities.

Time is running out so if you can deal politically obtain a fresh cheque.

1 Like

R Trivedi (advocate.dma@gmail.com) 24 July 2012

Send the legal notice by email and by registered post etc to last known address. Also send the registered AD copy to his bank, advising them to forward your letter/information to party. At the time of sending notice you do not require counsel services.

You can file the case in Delhi court also, pl give details for what you received these cheques ?

1 Like

Raj Malhotra (it) 26 July 2012

Thanks for all your replies .

I am going to send a notice to this person now. I have found a format of Notice of Cheque dishonour .

Please check it if it is correct.

Date: ________

To
Mr. _____________
________________
________________

Re: Notice U/S. 138 (b) of the Negotiable Instruments Act, 1881 as amended up-to-date.

Sir,

Please take notice that in discharge of your existing legal liability and/or debts, you issued one A/c. payee cheque under your signature in my favour.

Details of the said cheque are as follows: -

Chq.No. Chq. Dt. Drawn on Amount

.........     ............. .......Bank   ...........
                             .....Branch

The abovementioned cheque on due presentation through my banker for encashment within its validity period, was returned unpaid vide cheque return memo dated ____________ with the endorsement “_________”.
It may further be mentioned that under Section 139 of the said Act, there is a presumption that the cheque above mentioned had been issued in discharge of a legally enforceable debt/liability owed by you.

In view of the aforesaid, I do hereby call upon you and demand you to pay me the aforementioned amount of Rs. ________/- (Rupees ________________________) only, the amount of the said dishonoured cheque by pay order or bank draft or in cash within 15 days from the date of receipt of this notice, failing which, I will be constrained to institute legal proceedings against you under the provisions of Negotiable Instruments Act, 1881 as amended up-to-date, which will render you liable to be punished with imprisonment which may extend to two year or with fine which may extend to twice the amount of the cheque or with both.

Please treat this letter as a notice u/s. 138 (b) of the Negotiable Instruments Act, 1881 as amended up-to-date and your failure to comply with the aforesaid the abovementioned proceedings under the provisions of the N.I. Act shall be initiated against you without any further reference to you.

Yours faithfully,

My Questions are :-

1. Whether i can fill in the spaces and send this format to the concerned person ?

2. Do i need any advocate at this point of time ?

3. Do i need any extra formalities or stamps or anything as such ? Or i can simply post this letter to his postal address and email address ?

Thanks in Advance!

Raj Malhotra (it) 27 August 2012

Hello everyone,

I sent the notice to this person on 30th of July. Now after so many calls and insisting him so much he has sent an e-mail to me from his official email address stating the he will start paying me the amount on 15th september and will pay me the rest amount till 15th october.

What i get is that he is delaying the process by doing this? Please suggest me that shall i now do a FIR against him and continue with the process of filing a case against him?

Its going to be 30 days now , since the time i sent him the notice ....

Please suggest me further proceedings ,

Thanks in Advance

(Guest)

Dear Raj

file complaint case in court. When he pay your all amount than submit an application u/s 257Cr.Pc and withdraw your case.

Raj Malhotra (it) 27 August 2012

Thanks Mr.Prajapati ,

I would like to ask further,

1.Till what time can i file a case on him . I mean is there any limitations to the duration ?

2. Can i file a case in maharashtra as well as delhi for the same ?

R Trivedi (advocate.dma@gmail.com) 27 August 2012

1. Do not wait for 15th Sep or so , he is just bluffing.

2. File the case at the earliest (since you have not received the reply, you can file within 45 days of notice), but do not wait till last moment.

3. Ideally you would like to file in Delhi, how is Delhi linked with the transaction ??, beyond the fact that you may be having your account in Delhi.

4. To file the case also, you would need his current address, find out from the Bank or otherwise.

1 Like

Raj Malhotra (it) 28 August 2012

Thanks for the quick response Mr.Trivedi

I would like to mention few points here

1. My native is delhi , but the company was based in Pune and also the owner lives in Pune . I think it would be convinient for me to file a case in delhi so that i do not have to run to Pune for each hearing . And i think i am the complainant so he will have to come to Delhi whenever the hearing is there.

2.The company's old address is closed now. I have owner's residential address and also i found that it was correct as i visited his home also . I sent him the copy of notice at his address also and he has admitted that he has received the notice.

3.I have his residential address and also a client's address where he sits daily. I talked to them also . They also received the notice and handed him the same.

Please comment on my points

Thanks and Reagards.

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 28 August 2012

Hi Raj ,

15 days must had been passed from the reciept of Legal Notice by that person , forwarded by you on 30th july . You are very much in the limits ( within 30 from expiary of notice period of 15 days ) of filing the case in the concerned court . That concerned person by sending you a mail regard to repaynent schedule , has admitted his default and legal enforceable liabilty, go ahead all the best.

Kishtaiah (Advocate) 28 August 2012

Why so much discussion about where to file the complaint Raj. My ld friends know it and you be advised that u/s138 NIAct, it is a criminal case and jurisdiction of a criminal case is where the crime is committed. The crime is committed at the place of drawee bank that refused honouring the cheque. Just file the complaint there. OK.

Raj Malhotra (it) 29 August 2012

Hello Mr.Kishtaiah ,

I am now in Delhi. I presented my cheques for clearance in Delhi. Also i sent the notice from Delhi. Now, if the bank is located in pune (Drawee bank) i will have to file a complaint in Pune .

It means whenever the court date is there i will have to come to pune leaving all my work behind. This guy will just sit at his home in pune and i will have to come all the way from delhi each time the court hearing is there.:(

Is that it ?