Cpatil (md) 29 January 2013

Cheque bounce between partners

We are two partners in business, and both were authorized signatory in our business bank account. my partner got a cheque(blank cheque) signed by me and send to bank, Cheque was dishonord because of insufficient funds.

now he claims me to pay amount, can A partner issue cheque to B (other partner) when B is also authorized signatory in bank account.

What legal action i can take ?

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4 Replies

SRISHAILA.DHARANI (Advocate&consultant) 29 January 2013

Hi Patil,

He can not claim the amount from you as he also the authorised signatory to the bank and cheque.Without his signature , also the cheque can not be encashed inthe bank.

When he sent the cheque to the bank for clearnce, he should have verify the balance in the acoount.

I thin there is some fishy in his behaviour.Means he wants to you to trapped in this dishonoring matter and extort the money from you.

So be careful about him in future and also in this transaction.

srishaila,bangalore,advocate,9741425514,sdharani120@gmail.com

Cpatil (md) 29 January 2013

Thanks for your response mr dharani. you are right he have fishy things in his mind.

date of cheque buoncing was 1.9.11 and i didnt recieved any type of notice from court yet.

but a comman friend told me that he is prepairing to file a case for 3 Lacks against me

can he file case under 138 against me in this issue.....

SRISHAILA.DHARANI (Advocate&consultant) 29 January 2013

No he cant file a case against you, on the dishonored chesue, bcz, immidiately after the dishonor of the cheqie, within a month from the date of dishonor of the cheque, he should have issued a legal notice calling upon you to pay the cheque,

Another thing , nowdays, the rule has amended regarding validity of the cheque for honoring. ie., only 3 months from the date mentioned in the cheque , the validity is there.Onthis count also he cant file a case.