Ni act
Querist :
Anonymous
(Querist) 24 October 2011
This query is : Resolved
(1)draft of NI act complaint against a 'Company.
(2) who all shall be arrayed as accused on filing NI Act complaint against a company?
Devajyoti Barman
(Expert) 24 October 2011
1. Engage a lawyer.
2. Director who was in charge of the affair alleged in the complaint.
Advocate Rajkumarlaxman
(Expert) 24 October 2011
REGD. AD / SPEED POST
To
1. M/s………………..Pvt. Ltd.
…………………………
New Delhi- …………..
2. Mr. ………………., Director
M/s……………………. Pvt. Ltd.
……………………..,
New Delhi-……………
3. Mr………………………, Director
M/s. …………………… Pvt. Ltd.
…………………………,
New Delhi-……………
Subject – Legal Notice for Recovery & Dishonour of Cheque
Under the instructions and on behalf of our client M/s ………………………………… LTD, having its registered office at …………………………………………………………………….., New Delhi – ………….., do hereby serve you the following legal notice on the facts as given hereinbelow:
1) That our client M/s. ………………………………… Ltd. is carrying on the business of ……………………………………… etc. in India as well as other countries.
2) That you the addressee no. 1 is a Company incorporated under the Companies Act and you the addressee no. 2 to 3 are the Directors of the addressee no. 1 and look after and manage its day to day business and affair and are the persons in charge and responsible of addressee no. 1 at relevant time.
3) That you the addressee no. 1 through you the addressees no. 2 to 3 used to purchase goods from our client on cash/credit basis from time to time and our client used to supply goods to the addressee no. 1 on its orders and demands on cash/credit basis from time to time and in discharge of the part liability of addressee no. 1 towards our client and towards the part payment of the goods supplied to addressee no. 1 by our client, you addressee no. 2 issued cheque bearing no. ………………..dated ……………………. for a sum of Rs. ……………………………./- (Rupees ……………………………………………) drawn at ………………………………………………on behalf of addressee no. 1 in favour of our client with the consent, connivance, knowledge of the another addressee and with the assurance that the same will be encashed on its presentation.
4) That accordingly, the cheque in question was presented for encashment by our client through its bankers, namely, HDFC Bank Ltd., New Delhi- Clearing Branch, Hindustan Times House, 5th Floor, 18/20, KG Marg, Delhi-110001; however, to the utter surprise of our client, the said cheque was not honoured and was returned back dishonoured by your Banker with the remarks “Payment Stopped by Drawer” vide banker’s memo dated ……………………………….
5) That after receiving back the cheque in question dishououred, our client contacted you number of times and apprised you about the factum of dishonour of the cheque. However, you did not pay any heed on the request of our client and rather you put off the matter on one pretext or the other and hence the payment of cheque amount is still due towards you.
6) That this hostile acts and omission on your part, is proving to be a cause of commercial hardships and losses to our client. You must be well aware that dishonouring of the cheque and non payment of the same inspite of service of the notice is an offence punishable under section 138/142 of the Negotiable Instruments Act.
7) That by your aforesaid conduct, it is clear that even at the time of issuance of the cheque, you were well aware that the cheque will not be honoured and thus you have malafide and malicious intention even at the time of issuance of the cheque and thus you have caused wrongful loss to our client and wrongful gain to yourself, thereby, committing an offence punishable under section 420 of Indian Penal Code.
Under the circumstances, we on behalf of our client hereby call upon you to clear the amount of cheque within 15 days from the date of this notice along with the interest at the rate of 18% p.a. on the cheque amount and incidental charges of Rs. 500 incurred on the said cheque on its presentation to the bank of our client and in addition, liquidated damages of Rs. 50,000/- towards mental and financial harassment caused to our client by your mischievous and dishonest acts and commitments, within a period of 15 days from the date of this notice, failing which, we have definite instruction from our client to initiate legal action civil, criminal & under section 138 of the Negotiable Instrument Act against you along with cost of this notice and in that event, you shall be liable for all the costs and consequences resulting therefrom.
A copy of this notice has been kept in our office for further reference and action.
For ………………………… Associates
Advocates & Corporate Consultants
……………………………, Advocate
Delhi High Court
Place: New Delhi
Dated: …………………………….
Advocate Rajkumarlaxman
(Expert) 24 October 2011
I hope our expert Ramchandran had directed me not to disclose the names of clients hence i have deleted the relevant part which has to be filled. This may be of use to you.
ajay sethi
(Expert) 24 October 2011
agree with mr Braman company and diectors in charge of day to day management . the directors who have signed the cheque
prabhakar singh
(Expert) 24 October 2011
BUT ready made may some time prove fatal.
Sailesh Kumar Shah
(Expert) 24 October 2011
I refer to see section 2(30) and (31) read with Section 5 of the companies act for officer in default.
Shonee Kapoor
(Expert) 25 October 2011
Agreed with Ld. Mr. Barman.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
