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Yashas (NW)     07 June 2011

Validity of cheque

Hi All,

In the year 2005, my father had issued a cheque to one of his suppliers for purchase of seeds.  However, after some 3 months, we returned back the seeds as we found that it was not possible to sell them and the dealing was settled verbally and we did not ask back the cheque which we had issued for the purchase trusting the words of the supplier.  In 2006, my father died and I got the firm transferred into my name.  I was not aware of the above transaction.  Now the supplier has sent me a summons from the court against my firm's name that I am still due to settle the amount of the year 2005 and I have not honored the cheque though the cheque was issued by my father.  The for seal on the cheque is of the current firm's name which I am running.  Please advice if this is valid in the court of law and please advice the next step which I need to take as the date of my hearing is on 15th of June 2011.

Thanks,

Yashas.



Learning

 8 Replies

Advocate M.Bhadra   07 June 2011

Appear on that date fixed for and file a written objection,the case may be rejected by the Court.

adv. rajeev ( rajoo ) (practicing advocate)     07 June 2011

Have you got  any documents to; show that goods were retruned  to the supplier?

If cheque bears year as 2005 then it is time barred cheque.

sheela subbarao (Advocate)     07 June 2011

you cannot avoid court summons. Appear in the court get the copy of the complaint contact an advocate to prosecute the case. However,  Mr. Rajeev has said rightly, if the cheque is time barred you need not worry, the is valid only for six months from the date mentioned. As I understand, may be the transaction was in the year 2005, but cheque issued by your father is a blank cheque without date and amount being mentioned. So they have made use of the cheque now. If you have bank details pertaining to the year 2005, and the cheque No. if tallies, then you can fight the case in that spirit. Go to the concerned  court ask your advocate to look into the file see whether the hand writing is that of your father's. Gather information first. Hope you understand the concept.

Kwatra Corporate Advisors (Advocates)     19 June 2011

WE CAN ASSIST YOU ON THE SAME.


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DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     19 June 2011

this is the irony of NI 138 case that once a process is issued you have to appear and face full trial. There is no provision of written statement  or dismissal on any ground.

However there are ways to come out of it which depends on case to case.

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     19 June 2011

we are coordinating national movement for NI 138 cases that proper procedure be codified. Though it will take time but we are able to create awareness in the law makers.

Our associate on all India basis assist the accused in NI 138 cases., since we are of the firm opinion that it is being expolited.

Kumar Doab (FIN)     19 June 2011

Kindly be careful when you issue a cheque:

Fill the cheque completely with permanent ink, and mention the purpose of the cheque on the reverse of the cheque, and keep a photocopy and also of the order/letter on the strength of which cheque is issued. In the letter and order mention cheque number and keep copy.

Banks issue cheque books in which double carbon can be used.

Never issue blank cheque to anyone including a bank. Obtain proper acknowledgment of the cheque under seal and signature.

If the stock is returned, maintain proper record e.g. letter, LR, airway bill, vide which stock is returned.

Prefer the transport which issues certificate that stock as mentioned in the invoice has checked, verified and found to be correctly packed in the cartons. Obtain POD from transporter, courier and also recipient.

You have got the firm transferred in your name after 1 year of the issue of the cheque by your father; the cheque bears the stamp being currently used by company being run by you. Did you surrender the cheque book or bank a/c after the death of your father and opened new one in your name.

What are reasons expressed by your bank in bank memo issued by the bankers of your company. Obtain a copy.

Supply all relevant details to your lawyer.

Shantanu Rastogi (ADVOCATE)     08 July 2011

See the nature of the case pending in the court.


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