Cheque dishonour
Satyan manuja
(Querist) 05 March 2017
This query is : Resolved
While taking a distribution in 2011 two undated blank cheque was submitted by me along with application form. But when the agreement come from the company for my signature these two cheques was not mentioned so I informed the company by letter regarding the not mentioning the cheque details and informed company either mention these cheques otherwise i will stoped the payments of these cheques in 2011. when the no letter was issued by the company I give the instruction to my banker to stop the payments of these cheques in 2012-13. but the company present the cheque in 2017 without any settlement. kindly guide what to do in this case.
Guest
(Expert) 05 March 2017
Keep all the records safely and Consult A Local Good Senior Advocate and First Serve a Notice to them in Detail
Guest
(Expert) 05 March 2017
Please be clear, help on what issue?
Also, in what way you have treated the problem as of criminal nature, when you have not mentioned the real problem anywhere?
You missed several important things to mention in your description of the problem, i.e., mainly, the outcome of the cheque if presented and dishonoured, date of 2012-13, if mentioned on the cheque or without dated, If dishonoured by bank, what reason was quoted, etc.
Simply stating that the company presented the cheque in 2017, does not reveal any problem that you actually has faced.
Advocate M.Bhadra
(Expert) 05 March 2017
You have to face criminal trial u/sec.138 N.I.Act if the company deposited the cheque and subsequently bounced.The Supreme Court in a case Simpalley Satyanarayan Rao vs. Indian Renewable Energy Development held that the dishonour of a post-dated cheque given for repayment of loan installment, which is also described as “security” in the loan agreement, is covered by Section 138 of the Negotiable Instruments Act.
Guest
(Expert) 05 March 2017
Bhadra ji,
From the description of the problem, it is not the case of post dated cheque, rather an invalid cheque of 2012-13 deposited in 2017, even though the querist has not provided the most essential information of the case, as I have already asked.
Satyan manuja
(Querist) 05 March 2017
I given the two security cheques in 2011 duly received by company representative and after that when the agreement comes from company for my signature these cheques are not mentioned on it. so that I again issue a letter request either mentioned the cheques otherwise I request my bank to stop the payments of these cheques and not responsible for these cheques. but no action taken by company. so i request the bank to stop the payments of cheques in 2012-13. but the company present the cheques in jan 2017 and after that i issued a legal notice through advocate regarding the misuse of cheque but instead to replying the notice i received the notice under 138 from company. company accounts are not settle till now. even the company not take his assets back and refund the security of these assets. according to me after settlement Dr. balance stand on company side.
Guest
(Expert) 05 March 2017
You have still not provided information on my points about the date of issue of the cheques, if noted on the cheques, and the reason of dishonour quoted by the bank.
So, you may better hire services of some local lawyer, reply the notice and fight the case, if you had already informed in writing to the company to make the cheque particulars as the part of the agreement.
Rajendra K Goyal
(Expert) 05 March 2017
Discuss in detail with local lawyer, show all related documents.
Guest
(Expert) 05 March 2017
Agreed with Madam RK Goyal
Sankaranarayanan
(Expert) 05 March 2017
I do stand with experts suggestion , better to consult the local lawyer will be appreciated
Dr J C Vashista
(Expert) 05 March 2017
Incomplete information cannot lead to form an appropriate opinion and advise.
Besides the questions raised by expert Mr. PS Dhingra, which are also relevant to consider, if so, how does the company use "security cheques" for complaint u/s 138 NI Act, 1881 and complaint has been taken cognizance by Trial Court?
Consult a local lawyer if you have not yet engaged otherwise seek help fron your lawyer.
