dishonoured cheque covering 3rd party's debt

anandakumar (Querist) 20 January 2016 This query is : Resolved
The complainant in a cheque dishonour case in the capacity of authorised person of a firm filed and exhibited a document/invoice bill which is in no way connected with the complainant firm.The authorised representative of the firm deposed that the said exhibited invoice bill belongs to a proprietorship concern which is a dealer of the complainant firm to which accused owes certain amount therefore he annexed the invoice bill of the pvt concern also along with firms will.
But the pvt concerns owner is in noway connected tonthe firm?except purchasing goods from the complainant firm.the debt amounts of pvt concern and complainant firm together added ,filled the case cheque and lodged complaint for cheque dishonour.both the concerns are different having different owners.the cheque amount also covers pvt concerns amount said to be paid by the accused.no authorisation or consent or power of attorney given by pvt concern owner to the authorised agent of the firm.the complaint is maintainable ?the accused is entitled for an acquital for the abovesaid grounds?pls experts.......

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anandakumar (Querist) 20 January 2016
Bill becamenwill sorry ...around 14th line...

Rajendra K Goyal (Expert) 21 January 2016
Who is drawer of the cheque and in whose favor?

What is the opinion of your lawyer?

DEFENSE ADVOCATE.-firmaction@g (Expert) 21 January 2016
Do not confuse with other civil or criminal cases and laws.

As per recent SC judgements Cheque law is short and specific. Bounce of cheque is offense and assumes legal liability.Cheque given for third party liability and bounced is also offense.

There are many other technical issues in every cheque case which makes it easy to come out .

Consult an advocate who has won the cheque case.

Hemant Agarwal (Expert) 21 January 2016
1. For the criteria "legally enforceable debt / liability", under the Negotiable Instruments Act, there should be an element called "vicarious liability" AND NOT A THIRD PARTY LIABILITY.

2. The "legally enforceable debt / liability", stems from "privity of contract" between two parties and not three parties.

3. IF the cheque of accused is in favor of the "complainant" THEN the complainant has to prove the "legally enforceable debt / liability" , by producing relevant documentary evidence pertaining to the complainant AND NOT OF A THIRD PARTY.

4. The accused can prefer to stand trial and get a clean acquittal .OR. prefer to file WP in the HC, for quashing the proceedings, based on the above argument.

Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar

Guest (Expert) 21 January 2016
Rightly analysed by Shri Hemant Agarwal.

Adv. Yogen Kakade (Expert) 22 January 2016
Rightly answered by Mr. agarwal

anandakumar (Querist) 17 February 2016
I thank respected hermant agarwal thousand times.i am fully cleared of my doubts sir.

I thank all experts for enlightening me,the position of law.

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