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Sanjeev Tewatia (Advocate)     27 January 2009

Self Cheque given and money not in the account

If any person gave a self cheque to somebody and sufficent amount not in their account, what can do that time?


Learning

 8 Replies

ramesh (Advocate)     27 January 2009

No third party have a right on a self cheque of somebody,  so there is no problem to the issuer

PALNITKAR V.V. (Lawyer)     27 January 2009

The self cheque can be negotiated by making indorsement. If the self cheque is legally negotiated in favour of another, that another would become holder in due course. He will get all the rights of "Holder in due course" under the negotiable instruments act.


(Guest)

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI), ADVOCATE


MOBILE. 09325226691, 09271971251


e.mail.adv.nbsawant@yahoo.co.in


e.mail.nandkumarbs@sify.com


KINDLY NOTE THAT SELF CHEQUE ISSUED TO YOU BY SOMEONE.IS RETURNED AT THE CASH COUNTER OF THE BANK DUE TO INSUFFICIENT FUNDS YOU CAN NOT FILE ANY COMPLAINT AGAINST THE PERSON WHO ISSUED A  SELF CHEQUE TO YOU UNDER NEGOTIABLE INSTRUMENTS ACT.BUT YOU MAY FILE CRIMINAL CASE FOR CHEATING U/S 420 I.P.C.IF THE PARTY HAS CHEATED YOU AND BOUGHT SOME GOODS FROM YOU AND CAN PRAY FOR RECOVERY OF GOODS OR COST ,


.BEST THING I CAN SUGGEST YOU IS TO OBTAIN ANOTHER FRESH CHEQUE FROM THE CONCERNED PARTY AND ASK HIM TO WRITE YOUR NAME ON THE SAID CHEQUE.AND THEN YOU MAY SEND IT FOR CLEARING.IN CASE IT IS DISHONOURED YOU CAN SEND A NOTICE WITHIN 15 DAYS TO THE PERSON WHO ISSUED A CHEQUE TO YOU AND IN CASE HE HAS NOT PAID YOU THE CHEQUE AMOUNT WITHIN 15 DAYS OF SERVICE ON NOTICE TO HIM, YOU MAY MAY FILE A REGULAR CRIMINAL CASE U/S 138 OF NEGOTIABLE INSTRUMENTS ACT IN THE LOCAL COURTS.


YOU MAY WRITE FOR FURTHER DETAILS


WITH BEST REGARDS


NANDKUMAR B. SAWANT., M.COM.LL.B.(MUMBAI), ADVOCATE

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     28 January 2009

Mr.Nandkumar. U r right.


 

Sushil Kumar Bhatia (Advocate)     28 January 2009

No action can be taken against dishonour of self endorsed cheque b,cos it was not issued other than account holder.nor it can be deposited in the account of claimant .NOT ACTIONABLE.

B.P. Bhardwaj (delhi)     29 January 2009

Mr. Nand Kumar & Mr. Sushil Kumar are absolutely right.


B.P. BHARDWAJ 

Bindu (Junior Lawyer)     18 February 2009

Respected Mr  Nandkumar Sawant,


Your explanation is really very helpful & to the point.


Ones doubt is easily cleared from such explanation


 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     26 May 2010

Please read the opinion of Mr Palnitkar in this matter given above , that is the current position of law.

Do not remain under the impression that by giving self cheque somebody can escape.

Holder in due course is the legal owner under N I Act and he can prosecute for default in payment.


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