Order 37---Single cheque--shared liability

Querist : Anonymous (Querist) 09 January 2011 This query is : Resolved
My previous query turned towards NIA 138 only.

All experts and myself forgot order 37,hence this query.

""I am reproducing previous one and please note that I am asking about order 37 only this time----

I gave training of meditation to one father and her daughter for 30 long days.

Daughter gave me cheque as fees for her father and herself.

Actually this cheque was given for the fees of both of them (Admission form , attendance form was signed by both of them collectively).

Now the cheque bounced.

Should I send notice to both of them or to the daughter only??

How would I be able to involve her father legally as cheque belonged to the daughter only and I can't leave the father because all the docs were signed by both of them collectively as I have already described.

Plz. guide........""

And I am really thankful to all the experts who replied previous query which helped to make my mind clear about 138 and I would be really thankful if this time also I am guided as previously.

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Devajyoti Barman (Expert) 09 January 2011
The notice u/s 138 needs to be sent only to whom who has drawn the cheque and the proceeding would accordingly be initiated against the drawer only.

Querist : Anonymous (Querist) 09 January 2011
Devjyati Ji, this query is about Order 37 only.

Whether to involve the father with the daughter or not---that is the question...

Querist : Anonymous (Querist) 09 January 2011
O, Learned members ,

plz. come up and help me as U have already done,

Actually I am to make up my mind that whether I should send notice to the daughter only or to the father also in Order 37.

Plz. help....

Amit Minocha (Expert) 10 January 2011
send to both and implead both as parties to it.

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