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Malaika News   06 December 2023

Cheque bounce

Sir, 

 

I tried to file a cheque bounce case myself.

 

Two cheques were issued by the accused, one from his personal savings account and another from his company account which has only two directors and the accused is the major share holder.

I issued a Single legal notice within the time frame with both names addressed to.him and the company.

Pls let me know if I have done the right thing as I cannot change it now and the court says that you should have sent it separately.

 

Is there any Citation or provision that allows one legal.notice for two bounced cheques by the same person.

 

Sir, one Legal notice and one legal court matter under NI for these two bounced cheques, is it allowed.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     06 December 2023

The accused has issued two cheques, one from his personal account and another from his company's account.

Since he is different from the company insofar as the personal cheque is concerned, it will be considered as his personal liability and the second one may be considered as liability of the company.

Therefore the court is right in questioning the veracity of issuing a single demand notice to two different persons.

The case may not be maintainable due to this grave error.

 

Malaika News   07 December 2023

Sir, in my matter, the company (having only two directors, with the accused and his wife & the accused is a major share holder) the company director and the individual cheque signed are the same with the same signature on both cheques, who issued 2 cheques that bounced, can both be prosecuted together in one case, can two bounced cheques cases be consolidated in these circumstances.

 

Dr. J C Vashista (Advocate and Legal Consultant)     09 December 2023

These are two different cases and you are required to issue separate notices and complaints which are governed by separate provisions of law, the version of court is absolutely correct.

Seek professional services of a local prudent lawyer, if you are not aware about law applicable on the subject matter, otherwise it would be fatal exercise. 

Malaika News   09 December 2023

Thank you, searching a Judgement on this as suggusted by another Advocate.


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