Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 11 September 2012
Hi Friends.
A B C D are the family members , they collctivaly advance Rs.400,000/- to E from each ( A B C D ) account Rs. 100,000/- , on due date E issues a cheque of Rs.400,000/- to repay his debt in favour of A , cheque bounces , now A can claim 138 for this cheque bounce or not ? , pl explain with defence available.
Thanks.
Adv Rohit Dalmia 9324538481 (Lawyer) 11 September 2012
Yes, A can claim the entire sum on behalf of all the family members provided other members give in writing that they have authorised to A accept money on behalf of them.
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Regards,
Advocate Rohit Dalmia
Mumbai
Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 12 September 2012
Hi ,
I know that civilly A can can recover the entire amount from E even on behalf of others if he is authorisred to to do so , but section 138 is different , this is not recovery suit . When A has leagal enforceable liabilty only against E of Rs.100,000/- how can he charge him for Rs.400,000/- , this is criminal proceedings which are technically based , pl think lithis than confirm me.
thanks...
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