ketan shah (proprietor) 02 February 2015

Dishounour cheque

i have got one cheque of rs.2.5 lacs from my old partner for retiring from company and share certificate from our company they have given me post dated cheque after 2months date and it is dis hounoured and now they are on the mode of closing this company at the earliest. i have sent them notice as well by courier but now let me know how should i proceed further for recovery

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6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 02 February 2015

Dear, File a complaint under section 138 and claim your money with all documentary proof .... Kapil Chandna Adv 9899011450

Pankaj Jain (LLB Student) 03 February 2015

Hello,

I have a Dishonored Cheque which was given to me by my Tenant on the grounds of Insufficient Funds....Kindly let me know how to proceed....Is there any Section wherein I cannot file a suit/complaint for recovery without the cheque getting dishonored two times? And now he has fled from the house without any notice to me in one night only to his native place to Bihar with the keys of the house as well.

Kind Regards

Pankaj Jain

+91-9868636383 (New Delhi)

T. Kalaiselvan, Advocate (Advocate) 04 February 2015

@Ketan Shah: You have to file a criminal case against the accused u/s 138 of NI Act subsequent to the legal notice, be in touch with your advocate for further issues.

Biswanath Roy (Advocate) 06 February 2015

1. Follow direction of the Learned Expert Mr. Kalaiselvan.

2. Intimate Registrar of Societies

3. File a Civil Suit against the company and its Partners and obtain an ad-interim injunction order against partnership not to close down their business and not to remove any movable property till disposal of the case.

(Guest)

Mr. Ketan,

You may have to post your problem on a separate thread. Mix up of your problem with Shri Ketan Shah's problem may not help you to get adeqate response from the experts.

(Guest)

I endorse the advice of Shri T Kalaiselvan, Advocate.

Further, I endorse item #3 also of the advice of Shri Biswanath Roy. But, for item #2, the same seems to have been posted due to some misunderstanding, as I don't think there is any role of Registrar of Societies.