Bouncing of cheques
SSng Aulakh
(Querist) 02 March 2014
This query is : Resolved
a public limited company raised fixed deposits from public and issued post dated cheques for interest and principle. now these cheques are bounced /returned by their bankers. Company says they had order approval of company law board for not paying the amount now.
My question is can company law board relieve this company from the contempt of cheque bouncing and no action against them can be taken by the sufferers ?
Devajyoti Barman
(Expert) 03 March 2014
It would depend upon the spirit and contents of the order passed by CLB.
Anirudh
(Expert) 03 March 2014
Dear Capt. Sukhdev Singh,
I suppose that you are talking about the Order passed by the CLB in the case of Ind-Swift Laboratories Ltd.
As the Company had issued Post Dated cheques towards the refund of the deposit / interest on deposit, Section 58AA and Section 58A of the Companies Act, 1956 has been invoked to seek moratorium in the payment.
In case the persons holding the cheques which get bounced issue statutory notice u/s. 138 of N.I. Act to the Company, naturally the Company can reply back saying that it has apprised the CLB and had obtained an order or moratorium in payment.
When you file a complaint under Section 138 naturally you have to indicate the reply received by you from the Company. The Magistrate after going through the complaint and the reply provided, probably may not take cognizance of your complaint.
Therefore you have to wait for your turn to get the deposit / interest back from the company as per the schedule given by the CLB.
Rajendra K Goyal
(Expert) 03 March 2014
Send notice for bouncing of the cheque u/s 138 NI Act. If Company send reference / copy of CLB orders, consult a lawyer.
T. Kalaiselvan, Advocate
(Expert) 04 March 2014
Yes I agree to the expert Mr. Anirudh's views on the issue, first issue a legal demand notice as envisaged u/s 138 of NI Act and then follow the next course of action as suggested.
Guest
(Expert) 04 March 2014
You could proceed as advised by Mr.R.K.Goyal instead of assuming things.Let the company give their statement in court and let court decide. At least you would have completed the basic requirements for future legal proceeds and they might give priority to you in settlements Consult a Lawyer
Anirudh
(Expert) 04 March 2014
Dear Capt. Sukhdev Singh,
I recall the famous song: "Samajne wale samaj gayen, jho na samje woh anaadi hain"
Guest
(Expert) 04 March 2014
Some times imitations of charlie chaplin appear here with their frustrated melodies
Anirudh
(Expert) 04 March 2014
That's the tragedy. Fellows don't even know whom to compare with Charlie Chaplin!
Guest
(Expert) 04 March 2014
Rightly who deserve had understood and confirmed with the out come of frustrations
Anirudh
(Expert) 04 March 2014
That's another tragedy! Schoolboy argument! More gas than stuff!
Guest
(Expert) 04 March 2014
See the Frustration once again
Anirudh
(Expert) 04 March 2014
It is enthusiasm my dear - you may call it frustration! That is what I call as tragedy.
Guest
(Expert) 04 March 2014
Which Dictionary states Frustration and Tragedy of yours as Enthusiasm
Anirudh
(Expert) 04 March 2014
Oh Mr. Academic, you are still at Dictionary! I forgot. Did I refer to any dictionary meaning? It is your assumption. I said that I have no frustration but only enthusiasm. As is your wont, you immediately looked at your Dictionary. sorry. you have to come out of your Dictionary.
Guest
(Expert) 04 March 2014
Once again the Frustration is exposed.Real Enthusiastic people need not declare they are enthusiastic.Now the frustration is added with BP
Anirudh
(Expert) 04 March 2014
When somebody is in utter confusion and thinks that somebody is frustrated, it is the duty of the one to clarify that one is not and what is his real state. Therefore, when I say that am enthusiastic it is not a declaration, it is a clarification. Even this is also not being properly understood. That is a real tragedy!
Guest
(Expert) 04 March 2014
Please for your good I advice you to consult and take precautions for your Frustrations,Tragedy and BP which is being exposed again and again
Anirudh
(Expert) 04 March 2014
Don't worry. It is you who have to take care because in spite of clarifying that I am not frustrated, you seem to be under some delusion that one is frustrated. If not checked in time, mental asylum is not far away.
Guest
(Expert) 04 March 2014
You are talking about the place where you had been already and discharged with out complete cure is it.How sad Please take complete treatment sir
Anirudh
(Expert) 04 March 2014
Yes, now I recall. somebody told me that if you argue with a fool, there will be two in the scene. As I am quite conscious and well, I leave the other one alone to fend for himself.
Guest
(Expert) 04 March 2014
See you had stated you are recalling now only it shows that you are in loss of memory also.Right time for Treatment Hope you would follow my advice with out arguing further Good Wishing You a Speedy Recovery
Anirudh
(Expert) 04 March 2014
Your advice to me. My foot!
Mr. Academic, you are still wet on your ears. Recalling does not mean that one has lot memory. What a tragedy! You are yet to get out of the Dictionary. Come on!
Guest
(Expert) 04 March 2014
There is Increase in Bp Ofcourse Recalling does not mean one has LOT memory
Anirudh
(Expert) 04 March 2014
Yes you only repeatedly confirming that you have not come out of your Dictionary. You have not even grown up to read that instead of lost, lot has been got typed. It is a Typo. Oh sorry. I am not supposed to introduce any new word without knowing whether or not you have come out of your Dictionary.
Guest
(Expert) 04 March 2014
Dear Mr.Anirudh In between us there is actually nothing.But you were always making some wounding comments about others.To an 84 years old Expert let his advice be wrong also You had commented him Fool of First Order(Neighbor Occupied Land Thread)Even yesterday you commented an enthusiastic Expert as Masquerade (Income Tax Notice Thread)You should realise how they would feel.Today you are quoting a song which means others are Ignorant.Once again I request you Post your advise with out wounding comments to others.Several times even I had appreciated your Expert advices.Hope you would understand atleast Now.Best Wishes
Anirudh
(Expert) 04 March 2014
Dear Rajkumar,
Do not try to take up the cudgels for others. They are Experts in their own right and they are capable of dealing with situations.
If I say anything to you directly, you can talk. Otherwise you have no business.
If some one is in the professional website and say something - I do three things - if I am not aware, I seek knowledge; If I have a doubt about the correctness of what is being said, I seek clarification; if I am sure that what is being said as an answer is not supported by legal provision then I state my position.
If somebody having given the answer does not either clarify or correct, I persist to get clarity. Otherwise it will be a shoot and scoot by the expert concerned.
If in the process somebody gets offended - it is their headache and certainly not mine.
I strongly believe, that any querist comes to this platform not for fun, but to know as to what is the correct legal position - as the querist very clearly knows that ultimately before the court of law only the legal position will survive and nothing else.
In order to give a legal reply, one has to definitely have domain knowledge on the particular subject. I am totally against giving superfluous answers without sound legal backing or judicial pronouncements.
I never ever talk or answer on a subject on which I do not have clarity or certainty.
Therefore, I always keep quiet when I am not aware of the answer to the query rather than saying consult so and so, visit that forum, academic query etc. etc.
Again, coming back to your taking up cudgels for others.
1. First on the “neighour occupied land” – I was not in the scene for full 2 days. You can verify. The Expert replied: “@ Mr, Defense, Will you kindly tell me why you are so much interested to know the prosecution line relating to this query. Why shall I show you my tramp card?”
When in the forum, the answer is to be given fully so that the querist can make use of it. Otherwise it is of no use. If someone gives only half reply holding back the other half and says that it is my trump card, it only means that he is holding it back so that the querist should approach him. It is in this context I wrote that “I am afraid, in the whole discussion, the querist has been left high and dry - as whatever solution has been offered remains in the guess work and the queriest and others do not know what exactly the guessing game is about - unless the clear intention is to provide the solution to the queriest only when he approaches the expert concerned.” Did I call anybody a fool, upto now? NO. After my post, the Expert came up with some answers. Even that Expert did not say anything about me nor did I say anything about him. So far, fine. BUT IT WAS YOU, who said: “The Learned Expert Anirudh had made excellent comments about other Experts with out providing any useful Reply to the Querist/Author .So any body can make any comments on any one but what is the RESULT TO THE AUTHOR.Mr.Anirudh could first post a successful reply to the Author then start commenting about other Experts including me which I would welcome.”
You did not stop there. You again posted posing a direct query to me: “Is it a safe game Mr.Anirudh”
NOW TELL ME, WHO STARTED IT ALL?
AFTER THIS DO YOU EXPECT ME TO KEEP QUIET?
Even while replying you, I only stated that it is not a safe game, but keeping my mouth shut following the old adage. It was a straight reply to your query. It does not in any way refer to anybody else.
But you, of your own, connected the word Fool to the Expert. It was not done by me.
Whatever that I am stating now is not an after thought. But it was clarified then and there to you by my post wherein I had stated: “Dear Mr. Rajkumar,
I never called anybody, much less any expert, a fool. Rather to your pointed query, whether I am playing a safe game, I said that I follow the old adage. Pull stop. Anything further could be your own interpretation, but you will definitely get the benefit of doubt, as, as per your claim you are a layman and which claim I have readily accepted on face value.”
2. Income Tax Notice thread – calling someone â€Masquerade’. Again, I did not call Mr. Vineet as â€Masquerade’. To be frank, the reference was to you. But for reasons best known to you, thought that it was meant for Mr. Vineet. The fault is yours and certainly not mine.
Yes, I posted the song and you correctly read its intent. Go through the whole thread. I had given a detailed reply. I had linked the CLB order which he was meaning. But, what did you do? You said: You could proceed as advised by Mr.R.K.Goyal instead of assuming things.Let the company give their statement in court and let court decide. At least you would have completed the basic requirements for future legal proceeds and they might give priority to you in settlements Consult a Lawyer.
While I am not averse to your best wishes, let me assure you that I will continue to remain what I am and would continue to do what I always do – while the intention is not to wound anybody, but to give the correct legal perspective on the issue raised by the querist(s) - with or without any appreciation.
Guest
(Expert) 04 March 2014
Why should you and Who are You to Judge Other Experts
Anirudh
(Expert) 04 March 2014
This is the Tragedy. Where did I judge anyone, leave alone any Expert?
Guest
(Expert) 04 March 2014
No Replies to Anonymous with no contact details in profile who is care of platform
Anirudh
(Expert) 04 March 2014
Late Realisation. A thousand pities at that.
Anirudh
(Expert) 04 March 2014
I have received the following Private Messages from N.J.S.Rajkumar alias narasimha
Subject : WAITING TO MEET YOU
Message :
I am Vice President of SC/ST Association in High court and all details are in my profile.I could find none of your details in your profile provide me the details.I am being Sc you are calling me Rans,Piggy and masquerades Please give details where to meet you either me in person or my counter parts would meet and explain you JAI BHEEM JAI AMBEDKAR JI WAITING TO MEET YOU YOU
From : N.J.S.Rajkumar alias narasimha
Subject : explain in person
Message :
Since you had addressed me as MASQUERADE let me remove my mask and show you my real face You Give me your contact address with out hiding as Anonymous You-------------------------------------------------------------
From : N.J.S.Rajkumar alias narasimha
Subject : To Anonymous
Message :
I would show you the real Tragedy you B------ when me or counter parts you B----- Anonymous WHat is your address You b--------F
From : N.J.S.Rajkumar alias narasimha
My response:
THE MOTHER FUCKER HAS NO GUTS TO WRITE DIRECTLY IN THE LCI BUT PUTS IN THE PRIVATE MESSAGE.
HE THINKS THAT I WILL GET INTIMIDATED BY SAYING THAT HE IS AN SC/ST VICE PRESIDENT. THIS MOTHER FUCKER CANNOT FRIGHTEN ME. I HAVE MET MANY MORE MOTHER FUCKERS LIKE HIM BEFORE.
Guest
(Expert) 27 March 2014
Replies of both njsr and anirudh in what way helps clients.Mother Fucker by anirudh the word is it worth to be in this site
Guest
(Expert) 27 March 2014
Mr.R.K.Goyal ??????????
Rajendra K Goyal
(Expert) 27 March 2014
Expert Mehar Afshan Ibrahim ji,
We must maintain decorum and decency, hope and request you would. this is public forum, we should try to provide meaningful contribution.
V R SHROFF
(Expert) 27 March 2014
LCI Experts are directed by Experts??
COMMENTED BY SO CALLED expert..; WITHOUT CONTRIBUTION THAT CAN BE RECOGNISED AS TOP 10 OR TOP 30?? & what qualify her as Expert???no name, no contact number,
WHAT LCI ADM Doing??? u know what is the action. pl take action immediately...
check abusive words used by Mehar Afshan Ibrahim""
just as she did not get favourable reply of her Query, of immoral & illegal relationship and extracted money for live-in relationship , sex, facing 138 ni!!Is it not prostitution???
LCI ADM: PL TAKE IMMEDIATE ACTION, BEFORE SHE SPOIL EXPERTS IMAGE.& make LCI a broth** :: what image & character she has to comment on established Experts???
Guest
(Expert) 27 March 2014
Mr.Shroff Could you please explain your last paragraph what does it mean.Whether njsr and anirudh could use any indecent words in the site
Guest
(Expert) 27 March 2014
In sha allah the truth is always opposed
Guest
(Expert) 27 March 2014
So, after 22 days, youd realise, "replies of both njsr and anirudh in what way helps clients"!
