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Cheque dishonoured

(Querist) 15 November 2013 This query is : Resolved 
Sir,

With reference to attachment, the subject cheque dated:05/11/2013 has been dishonored. Please inform me the initial leagal procedure to be initiated
This was the cheque received towards the stock transferred at cost in view of closure of business.I have paid to the company already. The sales staff have failed in clearing through sales. Hence, the stocks have been transferred as I have stopped purchase.The company does't give stocks on credit. Can I demand the compensation and profit/free item offered to that distributor as he has earned out of my investment.
Also, please enlighten me, what I should do, if party does't receive the notice intentionally. And, can the expenditure and interest be demanded in the notice.
Most of the time shop of the address given will be closed. Post man may not be able to deliver the notice. Notice may be returned stating party not available. Under such circumstances, what should I do?
V R SHROFF (Expert) 15 November 2013
issue notice of demand u/s 138 NI before 4-12-13
Nadeem Qureshi (Expert) 15 November 2013
agree with expert
manoj joshi (Expert) 15 November 2013
dear friend
as sson as u get information from your banker that your cheque has been dishonoured from that day to 1 month u ve to send him /opposit party legal notice by regd post a.d in his correct address and when u get information that notice has been served than u can sue him in compitent criminal court with in 1 month receiving notice
here it is very important to mention 15 days time period in notice to repay your ammount
Sudhir Kumar, Advocate (Expert) 15 November 2013
meet your lawyer immediately.
Rajendra K Goyal (Expert) 15 November 2013
Well advised, nothing more to add.
padmanabha guptha (Querist) 16 November 2013
If the party does't receive the notice, what to do? And can I demand expenditure and interest in the notice.
manoj joshi (Expert) 16 November 2013
yes u can ask all in notice but not in complaint
if party dosen
t receive it get the delivery report from post office and annex it with list of document
coz date of delevry of notice is important in complaint
bt u must be sure that case must be filed with in 45 days of sending notice

feel freee to contact
manoj joshi
advocate
09927822660
padmanabha guptha (Querist) 16 November 2013
Most of the time shop of the address given will be closed. Post man may not be able to deliver the notice. Notice may be returned stating party not available. Under such circumstances, what should I do?
ABDUL RAZIQUE (Expert) 16 November 2013
Follow instruction of Expert MANOJ JOSHI, Nothing more to add.
Raj Kumar Makkad (Expert) 20 November 2013
I also do endorse the advice of Joshi ji.


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