Pragandh Ketkale (Sr. Associate) 06 June 2015

Cheque issued but instructions not to deposit

The Buyer of goods have purchased good and issued cheques were issued for payment of legal debt for payment of goods purchased but afterwards Buyer has sent mail not to deposit the said cheques and if deposited in bank for payment he will be not resposible for the legal consequeses,ie., company will not responsible for any type of cheque return cases.

""" Mail Recived from Drawer""""

As per our today telephonic discussion regarding 12 cheques in favor of ________ PVT. LTD. which were handover to you yesterday are stop payment by us due to some legal adn some technnical issues ; so this request to not deposit any cheques , if your company will deposit any of the cheques from mention detail then our company will not responsible for any type of cheque return and any other inconvenience. so please clear all the legal and some other tech. issues as soon as possible.

cheques detail are as below:

123 dated so and so

regards

buyer co.

Drawer of cheques

Please suggest legal action can be taken and cheque can be deposited and Can we make them punishable Under 138 NI ACT

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2 Replies

saravanan s (legal advisor) 06 June 2015

from whatever i could understand you meant to say that the buyers have issued cheque for whatever they bought and before you could deposit the cheque they sent you a notice saying he will not be responsible if the cheque got dishonoured.

if they issued cheque over some liablility then you can file for cheque bounce case.deposit the cheque before three months from the date the cheque is issued,with the cheque return memo just send a notice to him within fifteen days..if he doesnt pay you as cash or by some other means within another 15 days file a case of cheque bounce against him u/s 138nia

SAINATH DEVALLA (LEGAL CONSULTANT) 06 June 2015

Onc a cheque is issued for a certain transaction,it is deemed to be honoured.Even if instructions are given not to deposit,that is not an excuse not to be attracted by NI ACT.Hence can proceed u/s 138nNI Act.