Cheque bouncing cases
samir kumar
(Querist) 20 May 2013
This query is : Resolved
i am one of the director of my company. we have given security cheque to my vendor. due to some reason, his some amount is dues. he filled the balance amount in this cheque. cheque has been bounced, he sended me a notice from his lawyer. in my company there is two director. in my company, last two month we stopped the work due to disputed between we both director. i have pass the massage to other director, but he is not giving me any response. what will i do, i am ready to pay the same amount but the vendor demand extra amount. what will i do for this.
Anirudh
(Expert) 20 May 2013
1. Whether the amount filled up by him on the cheque is the amount representing the balance payable by your Firm?
2. If so, whether the legal notice mentions the same amount as indicated in the cheque or something else.
3. If point 1 and the amount indicated in the notice are same, then you can make the payment, PROVIDED THE NOTICE PERIOD U/s. 138 N.I. Act has not so far expired.
samir kumar
(Querist) 20 May 2013
i didn't get any information by my firm or by the vendor, instead of that i am ready to pay the same amount but he demand more amount that the cheque amount. he demand 44000.00 more. what will i do for that.
ajay sethi
(Expert) 20 May 2013
answer quries raised by anirudh . you have stated balance amount is payable . is the cheque for the balance amount as admitted by you .
if legal notice is issued within 15 days pay the cheque amount . no 138 NI would be maintanable
Nadeem Qureshi
(Expert) 20 May 2013
Dear Samir
The person who send the legal notice can only claim the cheque amount with lawyer fee and interest and nothing more, if in the legal demand notice he demand more then that this notice will be illegal.
Feel Free to Call
Raj Kumar Makkad
(Expert) 20 May 2013
No more to add as all aspects of the query have already been clarified by experts.
