138 ni act
G.Padmanabhan
(Querist) 09 February 2012
This query is : Resolved
Complainant, a pvt ltd company, files a single complaint against wife & husband for dishonor of chqs issued by them. The wife is sued as a propritrix of a firm that issued a chq. The husband is sued in his capacity of a director, who issued another chq in the name of a pvt ltd firm, allegedly for the liability of his wife. The chqs bear different dates, different amounts, and were dishonoured on different dates, Single notice, to wife (as proprietor of firm) for the dishonour of chq issued by her, and to the husband for dishonor of a chq (drawn on an account maintained by a pvt ltd co., of which he is a director) is issued> single Complaint is filed? In the pvt ltd company, there are only two directors, Husband and wife. Is the complaint maintainable?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 09 February 2012
Cheque bounce is offence but you can come out of it.
1) Complainant in over confidence makes mistakes in giving notice, framing pleadings in complaint and documentary evidence.
2) You can take advantage of these mistakes by timely action and expert cross examination.
3) Courts can not give decision beyond documents, pleadings and result of cross examination. So accused should be ready and prepared to fight at every step.
4) You have to be alert from day one once the time slips no body will listen to you.
5) There is limited scope in revision and appeal to higher courts unless there is basic flaw so be prepared to contest with full efforts at trial stage.
6) You must take and use not only expert but hard working legal assistance from beginning , normally most people do the reverse and than suffer.
7) Many people suggest dismissal and quash applications to higher courts , which are not entertained . Once the process is issued you have to face trial. But there are sure and simple methods to come out of any NI 138 case.
Ajay Bansal
(Expert) 09 February 2012
You should not contest the issue of summoning of accused but chances of final winning of case by accused are bright.
Deepak Nair
(Expert) 09 February 2012
The 2 cheques were issued by 2 different entities. One by the wife and other by a company. So notice would have been sent seperately and seperate complaint needed to be filed.
chances for the complainant are weak
prabhakar singh
(Expert) 09 February 2012
In my opinion joint notice and joint filing of complaint in given facts is bad in law.
Raj Kumar Makkad
(Expert) 09 February 2012
The complaint in the given facts in not maintainable and accused persons can even argue on the point of maintainability at the initial stage of their summoning after getting bail.
