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Pragandh Ketkale (Sr. Associate)     06 July 2016

Intimation not to deposit cheque

Dear Sir/Madam,

One of the Ltd Company has issued two cheques against their liability to pay for the purchased goods by another LTD company.

One day before date of cheque to be deposited i.e. cheque dated 21st May they intimated on 20th may  not to deposit cheque as there are changes made with their  banker.

Even after such intimation of not to deposit cheques through email  holder of cheques deposited cheques and dishonored with remark “Exceeds  Arrangement”. Further, they have served demand notice in time.

But they (Drawer of cheque) have replied that they have intimated not to deposit cheques and they will pay in mean time by RTGS but no payment is made within 15 days period as per notice.

My query is that whether such intimation before depositing cheque is valid and whether same cause of action complaint under NI act can be filed or not???



Learning

 3 Replies

JustAdvisor (IT)     06 July 2016

in my opinion such intimation is not valid as per law defined by Goa Plast (P) Ltd. vs Chico Ursula D'Souza. section 138 is attracted.

adv.raghavan (Advocate,9444674980)     07 July 2016

I endorse the above, you can goahead with criminal proceedings.

Sudhir Kumar, Advocate (Advocate)     09 July 2016

 “Exceeds  Arrangement”

 

"Insufficnet funds"

 

how doe snit matter.

 

They now have to try to fool you for a little bit of time with one funny/silly argumenet/allurement or the other, so that you fail to act in time and not able to take criminal action u/s 138 of NI Act.  Please get alert.


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