138 notice

Neeraj Kaushal (Querist) 23 June 2013 This query is : Resolved
Respected seniors,
opposite party issued 2 cheque of rupees 10 Lac to my client , one cheque issued on 8-3-2013 and second cheque issued on 29-3-13, my client deposited the both cheques with his banker on 4-6-13 both cheques were dishonoured. Bank issued 2 memo on cheques.
whether i can send one notice or 2 notice because cheques are 2 and memo are two . both cheques issued in respect of one debt. what can i do .
kindly advise

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Devajyoti Barman (Expert) 23 June 2013
You can send one notice containing details of two cheques or two notices separately.
There is no compulsion to send separate notices for separate cheques.

adv. rajeev ( rajoo ) (Expert) 23 June 2013
You can send only one notice for the two cheques. NO seperate notice is required for two cheques.

V R SHROFF (Expert) 23 June 2013
THESE ARE TWO DIFFERENT CAUSE OF ACTIONS
Sending Two separate Notices [Preferably on Two diff dates within a gap of 4-7 days ]
Will entitled you to file Two Different 138 Complaints.

If your client had A/c at two different Banks, having Diff Jurisdiction, it will be preferred to deposit Late Cheque once again, and issue separate notice.

You gain Following Advantages:
1] Can improve prosecution in IInd case as Evidence already given in 1st case can be counter balanced. Any mistake or lapse in 1st prosecution can be rectified.
2] You are paying same court fees , Rs. 20,000 each , no further spending
3] Attitude of one of the Magistrate will be favourable to you. So at least one conviction is excerpted against odd of another case.
4] Accused have to arrange for Two BAILS, and run at two diff courts, spending double, so your chances to compromise & settle increases.It help your recovery
5] There shall be two punishments.

You loose a little to get a lots of Advantages, being Complainant.

So I recommend Two Notices, Two cases at two diff courts if possible.

If not possible, Open a new Account and deposit it elsewhere.
For 29-3-13 cheque , you have 5 more days . Last Opportunity to deposit once more and take advantage.

Think it over and feed back, you being Advocate.It is special Tips to you.

DEFENSE ADVOCATE.-firmaction@g (Expert) 23 June 2013
If I am the accused since money involved is substantial only my advocate will appear in both cases-

Apply for 1) personal bond 2) exemption and 3) consolidation of both cases since earlier both cheques were deposited in one bank.

Court fees for cheque bounce cases is only in Maharashtra , at all other places no court fee.

In all possibility one of the applications will be allowed and others will be rejected.I will file instant revision in higher court with applications in both courts for stay.

Even if the stay is not granted in the confusion both the cases will be put on dates and dates and more dates.