138 ni act

G.Padmanabhan (Querist) 24 April 2013 This query is : Resolved

A proprietor ship company has got two dishonoured cheques issued by a private limimted company.

My query is

1. Notice should be issued in whose name? The proprietorship firm's name or the proprietor's name?. Complaint should be filed in the name of the firm, or in proprietor's name?

2. Should notice be issued to all the directors? or it is enough if it is issued to the authorized signatory of the dishonoured cheque.

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Rajendra K Goyal (Expert) 24 April 2013
For query no. 1, the notice would be sent by the payee or the holder in due course of the cheque.
For query no. 2 the notice will be sent to the drawer to the cheque i.e. Company and to the authorized signatories also.

Nadeem Qureshi (Expert) 24 April 2013
dear Querist
you can send a legal notice Address to company/firm or partner
the complaint case can be filed by name of company or firm both

Raj Kumar Makkad (Expert) 24 April 2013
The proprietorship firm do not contain directors like a company. Proprietor and its owner both are same so even a single notice in the name of proprietor is sufficient but for safer side it can be sent to both and similarly complaint can be lodged against both.

G.Padmanabhan (Querist) 24 April 2013

Dear Experts,

Please note that a proprietor is holding dishonoured cheques issued in the name of his firm. My query is whether notice should be issued in firm's name or the Proprietor's name.

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