Cheque having two names as payee

This query is : Resolved 

31 January 2009

What defence under The Negotiable Instrument Act is available to the accused who allegely have issued a cheque(bounced after presentation for clearing) in favour of the Complainant and of himself (drawer + drawee) which is an unusual behaviour?

DEFENSE ADVOCATE.-firmaction@g (Expert)
01 February 2009

You have to give more details to understand your problems.

sanjeev murthy desai (Expert)
02 February 2009

Ys absolutely Right, please give more details.

Jainodin shaikh (Querist)
02 February 2009

The disputed cheque is having two names as payee, one name is of the complainant and second name is of the accused who issued the cheque. Cheque is bounced when complainant presented that for clearing. a/c holder usually issue a Self payee cheque but not on his own name.

Ravi Arora (Expert)
02 February 2009

not getting your problem exactly

Jainodin shaikh (Querist)
02 February 2009

'A' issued a cheque in favour of 'B' and himself ('A'). 'B' diposited the cheque in his account which bounced.

04 February 2009

Its very confusing querry. Plz make it clear.

Mukul Aggarwal (Expert)
04 February 2009

Than also you can file the case under section 138 of NIA and also S420 IPC as he tried to cheat you. his intention was dishonest from the starting and he didnot want to pay the money legally due to you....i think there will not be a problem...accused has to satisfy the court why did he issue that kind of cheque...

sanjeev murthy desai (Expert)
05 February 2009

Constitution of India,

Art 20(3) of Indian Constitution of India,

No person accused of any offence shall be compelled to be a witness against himself.

In this case how he he execute the cheque as payee with out having the sufficiant money. please explain me

sanjeev desai

Jithendra.H.J (Expert)
19 March 2009

mukul is right

Adv.Shine Thomas (Expert)
19 March 2009

I agree with Mr.Mukul

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