Cheque return
CreateGoodwill
(Querist) 18 October 2011
This query is : Resolved
I have given material to a Pvt ltd firm worth Rs.15Lacs in Delhi
they have issued 3 chqs which were deposited in Mumbai
all the 3 chqs were return reason "Sign Differ"
can I file NI 138 case against the company
M.Sheik Mohammed Ali
(Expert) 18 October 2011
not possible, you may ask to buyer to correct cheque if refuse then file a case against him.
CreateGoodwill
(Querist) 18 October 2011
they are not responding now can i file NI 138 case
Advocate Rajkumarlaxman
(Expert) 18 October 2011
Issue a notice in this regard first and then file complaint against them. See what reply they give u against the notice. So issue notice immediately. within 15 days of cheque return memo. and file complaint after 30 days.
Advocate Rajkumarlaxman
(Expert) 18 October 2011
Issue a notice in this regard first and then file complaint against them. See what reply they give u against the notice. So issue notice immediately. within 15 days of cheque return memo. and file complaint after 30 days.
CreateGoodwill
(Querist) 18 October 2011
Dear Mr Raj,
1. the notice to be send within 15 days or 30 days...(After chq return)
2. how to calculate the days (Chq return memo is of 14/10/2011 and bank has sent to us on 18/10/2011
ajay sethi
(Expert) 18 October 2011
agree with rajkumar
CreateGoodwill
(Querist) 18 October 2011
Dear Mr.Ajay,
recently I filed NI138case where notice was sent after 30days from the receipt of Chq return memo .. there was no objection taken by Court nor the Accused advocate
Shonee Kapoor
(Expert) 18 October 2011
Yes, after issuing notice
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ajay sethi
(Expert) 18 October 2011
well when the complianant is cross examined the fact that notice was issued after 30 days of receipt of dishonour will be considered by court . it is a fatal defect
prabhakar singh
(Expert) 18 October 2011
Why you people do not disclose facts in one go,notice sent in your case is inherently defective and no cure now is possible ,on merit you will loose.they are silent only because they want your limitation run out for a civil cause during pendency of the complaint so that you may not be able to realize.their strategy is much better than yours.
If you have ears to listen me then my advise is that you file a summary suit of realization in civil jurisdiction also as early as possible but not beyond 03 years from the date cheques have gone bounced.Now are the days of electronic collection and drawn banks have their local collection arrangements so considering all aspect your lawyer should decide the jurisdiction of court.
