138of ni act
NOTTAM VENKATASAMY
(Querist) 05 March 2013
This query is : Resolved
A FILED A COMPLAINT AGAINST B WHO ISSUED
TOTALLY 3 CHEQUES IN THE FAVOUR OF A WHICH
WERE 2 WAS IN THE NAME OF B THAT IS
PERSONAL CHEQUE 1 WAS B'S COMPANY NAME TOTAL
CHEQUE AMOUNT WAS 6 LAKHS BUT A'S CLAIM WAS
ONLY 4 LAKHS,BECAUSE A AND B ENTERED INTO ONE
AGREEMENT THAT AGREEMENT STATED THAT ONLY
2 PERSONAL CHEQUES ONE COMPANY CHEQUE WAS
ISSUED SUBSEQUENTLY FINALLY 3 CHEQUES WERE
RETURNED,LEGAL NOTICE ALSO ISSUED TO B IN
THE NAME OF B ONLY, INTHE MEANTIME
COMPLAINT FILED AGAINST ONLY IN THE NAME OF
B,AT THAT TIME OF TAKING SWORN THE JM
TOLD WE CONDUCT THE SWORN ONLY BASED ON
PERSONAL CHEQUE NOT THE COMPANY CHEQUE
BUT HE ACCEPTED 3 WERE IN THE NAMEOF B AND
THE SIGNS WERE ALSO SAME BUT ONE IS COMPANY
YOU WERE NOT ISSUED NOTICE TO THE SAID CO
AND ALSO YOU FILED ONLY IN THE NAMEOF B
IN THIS STAGE THE CASE WAS PENDING BEFORE
THE COURT.
QUERIES ARE
1.THE AFORE SAID STORIES WERE ALL STATED
IN THE NOTICE AND THE COMPLAINT BUT
THE SAID B RECEIVER THE NOTICE HE DIDNOT
REPLY.
2WHETHER ANY CITATION AVAILABLE
3.ANY PROVISION TO AMEND THE COMPLAINT .
PLEASE TELL ME VERY URGENT
Raj Kumar Makkad
(Expert) 05 March 2013
1. As the notice was no issued to company, B is not liable to reply on its behalf and therefore no adverse inference can be drawn on that account.
2. Citation on which point?
3. Such complaints are hipper technical so if notice to the company was not given within the stipulated time, no complaint is maintainable against it. Otherwise also a separate complaint for each cheque is required to be filed.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 March 2013
