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Sanjeev Kuchhal (Publishers)     29 November 2014

Dishonour of cheques

Dishonour of cheque _ Demand notice _ Failure to specify amount _ However the appellant called upon the respondents to pay within 15 days of receipt of the notice the “amount of the cheque” _ What was ultimately demanded was nothing but the amount of cheque _ Evidence sufficiently establishes that the notice was complete in all sense. (See 2014 (11) LJSOFT (NAG) 16)

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 2 Replies

Poornima (Lawyer)     29 November 2014

sir!

have a doubt regarding dishonour of cheques

1. if once cheque was dishonoured and legal notice have issued and recieved the same by accused and he didn't replied ,just ignored 

in this sinarieo the complainant forgets about it and approaches other lawyer to deal the same as he had break down with the very first lawyer who sent the first legal notice..

now if complainant again  bounces the cheque and a new counsel issues the legal notice and files a case basing upon this fresh demand notice what will happen?

2.loan was taken for personal use  and cheque was given from firm account  with managing director signature and legal notice was issued to person who is the same and the address of the firm also same 

it was objected while filling the case on bench 
 

please let me know what is the best method to succed in this case??

should i issue new legal notice on company name too?? the limitation of case filing is about to end in 2 days

 

please guide me better option to deal this issue

waiting for positive and quick reply from your end
thanking you in advance
Poornima

adv.raghavan (Advocate,9444674980)     30 November 2014

Case should have been initiated when first notice was served, failure on the part of complainant made things difficult, now if the second notice was given within period of limitation, you can serve notice for second cause of action, if not you have to condone delay for not doing so and then you have to proceed with the case, that to subject to courts discretion.

you can serve notice on company as the concerned person is in charge of day to affairs of the company and had signed the cheque.


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