Cheque case to dissmisse some doubts

Querist : Anonymous (Querist) 21 September 2011 This query is : Resolved
sir,iam trailing in a cheque case accussed,a financier setteled all amount not given blank signed cheque.asking for extra interest.i issued a legal notice to return the blank cheque and blank bond.but he issued a notice that he given a hand loan of 40000/- one year back not intrest also paid.so kindly made arrangments in the bank to honour is cheque, he honured in my bank and given another notice your cheque dishonured make arrangements for the amount within 15 days in your bank he again represent the cheque and dishonured.filled the case in the courtand send court summon iam very shock of this incident now it is final stage my lawyer crossed with very good points favour to me.he had one doubt,pls explain; oral intimation recived complaintant from is bank,on the basis of oral intimation he was not given satuatory notice within perscribed period hence the complaintant dissmise any authority? pls infrom

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ajay sethi (Expert) 21 September 2011
you need to be brief and to the point . what do u mean i am trailing in cheque case accused?

your query is if oral intimation is received that cheque has been dishonoued and no legal notice has been issued by complainant whether complaint is to be dismissed?

please note that bank has to give written intimation of cheque dishonour . it is only after written intimation is received does the complanant within period of 30 days issues legal notice to accused calling upon him to make payment within the prescribed period .
in your case if no intimation given of dishonour and no notice issued consequently no complaint is maintanable

R.Ramachandran (Expert) 21 September 2011
The querist is an accused in the matter and wants to defend by saying that even though the complainant has come to know by oral means from the bank that the cheque has been dishonoured, he did not issue notice within 30 days from the date of such oral knowledge.

As rightly pointed out by Mr. Sethi, the notice can be issued by the complainant only on the basis of the written intimation by the bank. Therefore, if he has not issued the notice based on oral intimation by bank, the complainant is right. On this basis, the case of the complainant cannot be dismissed.