Cheque bounce issue
Syed
(Querist) 13 December 2011
This query is : Resolved
Dear Sir,
We have issued around 10 Post Dated Cheques to 1 company & we have clearly written a e-mail stating that not to present those cheques till we give written confirmation, but they have presented all the cheques to our current account with out any information given to us, & since there was no amount in the account all the cheques have been bounced kindly guide us the effects of this.
Thanks & Regards,
Syed
ajay sethi
(Expert) 13 December 2011
in reply to the legal notice mention that post dated cheques were issued subject tot he condition that these cheques wont be presented for payment unless and untill written confirmation was forwarded to the complainant .
has the complainant denied having received the email?
you will have to face trial if complaint is filed .
R.Ramachandran
(Expert) 13 December 2011
Please clarify as to What for did you issue the cheques?
Did you receive the statutory notice from the Company?
If so, did you reply to the said notice? What is your reply?
M.Sheik Mohammed Ali
(Expert) 13 December 2011
if the company is send the notice to that bounced then you send the return notice that aforesaid reason, and with mail proof, but once you signatured in the cheque you only liable to all, as per SC order.
Syed
(Querist) 13 December 2011
Dear Sir,
They have never issued the notice to us, these cheques were issued to purchase some products for our panels.
I think since they have presented the cheques now I think they are going to file the case now.
what step can we take to come out of this
Advocate. Arunagiri
(Expert) 13 December 2011
Your email will not help you. It is only a request. It seems they have not accepted to your request.
Once the cheque returns, they have to issue a notice demanding money, only if you dont pay, then only they can file the criminal case.
You can wait for the notice and act accordingly.
Syed
(Querist) 13 December 2011
Dear Sir,
Thanks for your reply, we will wait for their notice & we will give them the reply.
Suppose we pay the entire amount then there will not be any problem no sir
Advocate. Arunagiri
(Expert) 13 December 2011
If you pay the cheque value within 15 days, on receipt of the notice, there will be no case.
Sailesh Kumar Shah
(Expert) 13 December 2011
NO 138 case file, if more than 30-35 days have been passed.
V R SHROFF
(Expert) 13 December 2011
Syed,
You did not inform when your cheques were bounced??
It affects Experts to reply you precisely and Effectively
For example 1] Mr. Shah Replied : NO 138 case file, if more than 30-35 days have been passed.
Now if he knows the cheqes were bounce within a month, his reply would have differed. As Payee can issue notice within 30 days of receipt of cheque return memo to him. So it may take 30 to 45 days after the return of cheque depending upon the distance of both the banks, and their communication speed. If 45 days are passed and you do not receive notice, 138 will not be attracted.
2] Mr. Arunagiri replied “If you pay the cheque value within 15 days, on receipt of the notice, there will be no case.” But you never mentioned whether you received a 138 notice, and if yes, when? If you received Notice within 15 days, and if you pay, it will not attract 138.
Now I suggest you:
DO NOT WAIT FOR ANY NOTICE.
Immediately issue Legal Notice, informing them about the E Mail, with a Print-out Hard Copy of it attached, that you have asked them not to deposit the cheques, and despite their knowledge, they deposited those 10 Cheques issued by you to them for Security purpose in transaction of purchase some products for our panels, which was not materialized, and you have no liability to pay them anything, and return our cheques.
This will be the best defense.
IF YOU ARE LIABLE [you know better] PAY THEM NOW BY DD, or pay them within 15 days of receipt of the Legal notice that they may issue to you in near future.
Remember, they can present the cheques again and again also.
Adv Shroff
13-12-2011
Raj Kumar Makkad
(Expert) 13 December 2011
If you are ready to deposit the amount then no offence is made out. Wait for the notice and reply it accordingly.
RAJU O.F.,
(Expert) 14 December 2011
Once the postdated cheques are issued to the company, the said beneficiary company need not worry about your e-mail for presenting it for payment on the dates mentioned in the cheque. You are liable for bouncing of the cheques, for insufficiency of funds, unless the payments were intended for charitable purposes. You could have given stop-payment instructions to your banker, instead.
Guest
(Expert) 14 December 2011
I endorse the views of Shri Arunagiri. However, your prior email notices to caution the drawee would definitely have the effect of lightenning of the weight of your offence, if the drawee prefers to file a criminal case against you.
Syed
(Querist) 14 December 2011
Dear Sir,
They have presented the cheques on 13.12.2011 & it has not passed 30 days.
We have applied for OD with our banker, & we are making all the efforts to clear their payment.
Syed
(Querist) 14 December 2011
they have not filed 138
Shonee Kapoor
(Expert) 15 December 2011
Just reply to legal notice as and when it comes.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
