Cheque bouncing
Saurabh Kumar Singh
(Querist) 01 May 2013
This query is : Resolved
Dear Experts,
we have supplied goods to A Pvt Ltd. Company two directors D1 & D2 authorised two sign the cheques . In their partial liability they have given 2 cheques for Rs. 2 lacs signed by D1 and Rs. 6 lacs sign by D2. one cheque(2 lacs)returned with remark insufficient fund, notice given and complaint filed.
other cheque (6 Lacs) returned with remark sign not updated in bank. then we intimate to the party that please update ur sign to comply, in cheque time limit we again deposited the cheque in bank and this time dishonoured with remark INSUFFICIENT FUND. Notice given, in notice by mistake mentioned the cheque signed by D1 but real signatory is D2.
Now we have to file complaint for 2nd cheque(6 Lacs).
Court inclined to issue notice to only company and signatory of the cheque, but here in notice, by mistake we have mentioned that signatory of cheque is D1 instead of D2.
Please suggest how we can overcome with this situation?
How complaint can be drafted to safeguard our interest?
please guide and also suggest some case law on this line.
ajay sethi
(Expert) 01 May 2013
file summary suit to recovery outstanding dues .
as far as cheque bouncing case is concerned you have in legal notice mentioned by mistake that cheque issued by D 1 . since no notice is issued to D 2 no complaint would be maintanable against said director . even if you take the plea that due to typographical error notice not issued to D 2 court may not accept your contention .
dont take chance file summary suit
R.K Nanda
(Expert) 01 May 2013
agree with sethi.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 May 2013
In most of the cheque bounce cases the complainant feels that due to fear of jail term the accused will shell out money.
But with expert defence the case may go against you or it may go to revision and appeal and so on and on. At every stage you have to also spend money and time.
So as suggested by experts if you want your money file summery suit where results will be quick and sure.
Otherwise defence advocate can always find some or other loop hole in your complaint and that stage nothing will remain at your hand. And it is always easy sure and simple for accused to win. Just because the criminal justice system requires your evidence to be beyond doubt and accused has just to create doubt.
Benefit of doubt always goes to the accused.
Nadeem Qureshi
(Expert) 01 May 2013
nothing left to add Mr. Sethi rightly advise
prabhakar singh
(Expert) 01 May 2013
"don't take chance file summary suit"Is rightly concluded words of Mr.Sethi else you listen and get horrified from ADVOCATE DEFENCE who rightly says"Benefit of doubt always goes to the accused."
V R SHROFF
(Expert) 20 December 2013
Accused get chance to defend:
