Whether the points can help us or not?
BAALASUBRAMANNYAMM
(Querist) 20 May 2011
This query is : Resolved
Respected Experts,
“A” is running Training/Coaching Centre and “B” wants to join as Trainee. The course of training is 3 months. Training fees is fixed @ Rs. 50,000/-. As a matter of fact, no payment is expecting from “B” at the initial stage. “B” has to pay the said sum as and when he joined in a company/Institution.
As a security purpose, “B” has to produce his father or mother as a surety/guarantor, who in turn should give a Cheque (date not to be mentioned) for the said sum. The aim of “A” for taking an undated Cheque is, in case, “B” fails to pay the said fees either partly or totally, even though he placed in a company, even after one year, “A” should be able to get the same from the guarantor by filing a Cheque bounce case. So both of them are executing a “Agreement for Training”.
I herewith mentioned some main points covering the above aspects. Plz. Verify whether the points can help us in future in succeeding a Cheque bounce case, in case of filing against the “B” and his guarantor.
1. The Surety/Guarantor agreed to deposit a cheque bearing No……………………..drawn on……………… Bank, Hyderabad for Rs. 50,000/- issued in the name of “A” towards security deposit.
2. ”B” and his Surety/Guarantor are authorised”A” to deposit the above said cheque, in case if “B” fails to pay the above Training fees, even after placement in any company/Institution.
3. “A” should give two weeks advance notice, in case “A” wants to deposit the above said cheque and communicate the same in writing to “B” and his surety, in case “B” fails to pay the above said Training fees either partly or totally.
Plz. Suggest me suitably.
Advocate. Arunagiri
(Expert) 20 May 2011
The main contents of the agreement is valid. You can proceed.
M/s. Y-not legal services
(Expert) 22 May 2011
A can not get succeed his case against b or his suretys. Cos as per N.I act the disputed cheque should be issued for disclose the liability. A cheque which is issued for surety purpose, can not be involved with this case. A will loose his case.
