cheque bounce case

kv vijayan (Querist) 16 June 2011 This query is : Resolved
Dear all,

The name of signatory of bounced cheques of a firm/shop,is it mandatory for serving advocate notice or filing cases under 138 of NI act or summary suits?.The cheque has been signed by proprietor/authorised signatory etc. Name of the drawer of cheque is not available.
kindly give the expert advice.

k.v.vijayan

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Guest (Expert) 16 June 2011
yes it is necessary to semd the legal notice after presenting the cheque to the bank

prabhakar singh (Expert) 16 June 2011
WITHOUT SERVING A LEGAL NOTICE AS STIPULATED IN SECTION 138 OF N.I.ACT ,NO COMPLAINT CAN PROCEED.
ONE THING MORE YOU SAY"Name of the drawer of cheque is not available."WHY SO??UPON WHOM YOU WILL SERVE THE NOTICE THEN???
FIRST GET IT ASCERTAINED,AND EVEN BETTER SEEK THE SERVICES OF A LOCAL LAWYER.

Ravikant Soni (Expert) 16 June 2011
Yes it is necessary. You can not get non-alive person under criminal liability. The Partner/proprietor signatory is necessary party in n i act cases.

Yet Still you r not assured that who does and for why gave you the cheque? then how would you make a story of legally enforeceble debt??

PALNITKAR V.V. (Expert) 16 June 2011
Since non compliance of the notice gives cause of action and nothing else, you have to serve a notice u/s 138

Jitendar Kumar gupta (Expert) 16 June 2011
Yes you can serve the notice here is no need of advocates notice but the notice has to be served as per the requiremnt of section 38 of NIA.

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