Cheque bounce
Guest
(Querist) 31 July 2018
This query is : Resolved
I have funded (in online transition) some amount for a company and got back the cheque (total amount +interest) in that same company name. The cheque was bounced because of insufficient money. I have sent the legal notice regarding this to pay me with in 15 days. Its been 20 days As i'm waiting for the acknowledgment, I came to know that company was closed and there is no one to receive the legal notice.
Is this case can be considerable as the company not functioning and owner of the company escaped? Is there any possible to get 138 warrant ?
Advocate Bhartesh goyal
(Expert) 01 August 2018
Merely notice to company is not sufficient for filling complaint u/s 138 of N.I.Act.you had to also sent notice to drawer/signatory of cheq�e also and without sending notice to drawer/signatory,complaint u/s 138 of N.I.Act is not maintainable.
Guest
(Expert) 01 August 2018
Chota amount means better to forget. Anyway you are seeking free advice. Better to leave the matter. Be careful next time.
Guest
(Querist) 02 August 2018
Thanks for your reply. the amount is Rs.3L. It is really a huge amount for my bad salary. I have sent legal notice through an lawyer. Lawyer is saying that we cannot get 138 warrant against him.
Is there any other way to catch him?
Dr J C Vashista
(Expert) 05 August 2018
1. When you have already stated to have been engaged a lawyer for issuance of "Legal Notice" and further proceeding what is the need and necessity for second opinion/advise from experts on this platform except the fact it is available FREE OF COST?
2. If you have lost faith in your lawyer change him/her immediately, consult and engage some other local prudent lawyer.
3. Out of the cheque amount of 3 L you should spend half of it to catch hold and get the drawer of cheque/accused punished as per law. If you are located in Delhi, may contact me at:
Ch. No. 647, 6th Floor, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075; Cell # 9891152939
4. You have failed to disclose your identity and preferred to remain "anonymous" author but seeking obligation from experts FREE OF COST, which is against the rule of this platform.
Guest
(Querist) 06 August 2018
Thank you Sir,
1. I have really lost faith in my Lawyer. I'm searching that this is the end or is there any other option in legally I can get my justice.
2. Yes Sir, I really know that he is not the end of the world. I will start searching another lawyer.
3.I'm living in Coimbatore, Tamilnadu.
4.If "anonymous" option is not relevant to this platform, I don't understand why it been given an option while writing a query.
I honor your reply and time spent for me. thanks
