cheque bounce

Querist : Anonymous (Querist) 04 January 2010 This query is : Resolved
Is it possible to send single lawyer notice for 2 bounced cheques dated differently but presented and got bounced on the same day (later date) for the reason of “exceeds arrangement”.
Also is single court case is enough for both the cheques?

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J.D.Sharma (Expert) 04 January 2010
In case single notice is issued then all the transactions covered by the notice would be regarded as a single transaction, permitting a single trial.
(Rajendra B.Choudhari Vs State of Maharashtra & Anr.) 2007(2) Civil Court Cases 523 (Bombay) (DB) : 2007(2) Criminal Court Cases 748 (Bombay) (DB)

Sukhija (Expert) 04 January 2010
if cheques r issued for different transactions, different persons then single notice for both cheques will not suffice.

prakash vathore (Expert) 04 January 2010
i agree with sukhija.

Gaurang S. Rangunwala (Expert) 04 January 2010
This is not relevant that cheques are issued for same transaction or different transaction but same drawer has issued for discharge in whole or in part of any debt or other liability to the drawee/You or holder in due course/you.

Your answer : So it is possible to send single lawyer notice for 2 bounced cheques dated differently.

Your Answer : As im saying if Same party is involve in the both transaction and both cheques are issued by same party. you can file single court case is enough for both the cheques.

Ajay Bansal (Expert) 04 January 2010
No.

Raj Kumar Makkad (Expert) 04 January 2010
The opinion of Gorang is accurate and do not deserve other possibloity. If drawer is same then what is the hurdle to send a single notice. Where is it written that only one case can be filed or two can be filed.

Single notice can be served and next course filing a single or two can be decided after becoming fail to get the desired results means receipt of the amount of the cheques within 15 days of the receipt of the aforesaid sinlge notice.

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