Cheque issued by a third party
Swami Sadashiva Brahmendra Sar
(Querist) 13 July 2009
This query is : Resolved
Dear friends!
A client has engaged me as his counsel in a writ petition. as part payment of fee, he has given me a cheque issued by an other person whom I do not know at all. I guess that my client appears to be clever and may be defrauding. what should I do if the cheque is dishonoured?
G. ARAVINTHAN
(Expert) 14 July 2009
you can get details of the owner of the cheque from the bank if it dishonored.
then you can sue both your client and that account holder jointly
(for which you may not get any fees)
PALNITKAR V.V.
(Expert) 14 July 2009
you may file 138 against the client as well as the drawer of the cheque. If the time limit has gone, you may sue your client for recovery of dues.
Anant Vats
(Expert) 14 July 2009
Dear Sir
You have provided the services and in consideration cheque is been given to you which if encashed and not bounced there is no case, because whatever is been promised it has been given.
But if the cheque is dishonored you have to sue the person to whom you have provied the service and that person has not provided you the consideration promised.For breach of contract you can go to the civil court and also file a case under section 138 of the Negotiable Instrument Act.
sanjeev murthy desai
(Expert) 14 July 2009
Dear Tripati Sir,
You have two options under the law.
1. File a case under 138 of NI Act and make a partis cheque issued person and your client.
2. File money recovery suit against your client for the said fee.
sanjeev desai
Swami Sadashiva Brahmendra Sar
(Querist) 14 July 2009
More details - Dear friends, the client resides in a distant city. he has sent the cheque through post alongwith a covering letter and some documents relating to another case which is to be filed in CAT and for which I have sugested him to engage someother counsel. in his letter he has written that the cheque amount is with reference to the writ petition in High Court in which I have appeared and he has requested to persue the case before the CAT also for which he has promised to pay later on.the cheque does not bears updated/computerised accont number therefore it is in the process of collection through post.
It would be dificult for me to enquire the address of the drawer. so, can I prosecute the drower through my client?
Uma parameswaran
(Expert) 14 July 2009
Normally Cheque should have account number and bank name. You can check in the bank whether the account holder have money in his account. If the account is insufficient of money keep the Cheque with you and ask the client to come and pay the fees for further proceedings .If he is not willing to pay ask him to take back the case.You can also collect details about the drawer from your client.
vinjamuri ranga babu
(Expert) 15 July 2009
hi,
if you can identify the person, who issued cheque, then present the same in your accout, if it is dishonoured then file complaint u/s138 of NI Act, stating the cheque has been given to discharge the hand loan.
