Notice u/s 138

Amarjit (Querist) 23 August 2019 This query is : Resolved
Dear Sir/Madam

I have sent the notice to one company u/s 138 at chennai. My client got the (PDC) chq 8 month back from the client favor of XYZ company name. 2 month back company name has changed XYZ to ABC

Chq submit in the bank and bounced (Chq favor of XYZ)

Now

We have sent the notice and mentioned the old company name of XYZ It’s correct OR we should send the notice again with new name of the company means ABC. Which we can mention that XYZ is now ABC.

If with XYZ is correct no issue then can we file the case with new company name means ABC. Because now company name has changed we can’t use old name

Please suggest what we should do.

Regards

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Hemant Agarwal (Expert) 23 August 2019
1. Since cheque was given by XYZ, Notice can be sent to XYZ as follows:
M/s. XYZ (new name ABC) (address should be same0

2. IF 138 is to be filed against Co., THEN issue Notice u/s 138 r/w 141, as follows:
a) M/s. XYZ (new name ABC) (accused no. 1)
b) name of Director (signatory of cheque) (accused no. 2)

3. File one case in court in the above sequence

Keep Smiling .... Hemant Agarwal
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