Notice for dishonor of cheque to joint account holder
Adv M.D.Azhar
(Querist) 01 September 2013
This query is : Resolved
sir, my clients have received a notice from A for insufficient balance in their account or signature not made.
The problem is that before 2-3 years ago my clients asked a money from A which was given to him about 2 lac rupees and A demanded a Blank cheque so that were also given to A. Now my clients had a account at B and than after because one of the was doing a job at C they transferred their account at C. Now A deposited three cheques which were blank, at C and all were returned because of the above reason "signature not same, Insufficient fund". The problem is that only Husband has drawn a cheques to A but because the couple have the joint account A has given the notice on the name of the both of them, so is theier any remedy for wife who has not given acheque to A. Second thing is that they have not filled the amount in the cheque A him self fill the amount as 4 lac each and deposited to the bank and now it's my time to give the reply the notice please help me out.
adv. rajeev ( rajoo )
(Expert) 01 September 2013
reply with the true facts and instruct him to return the cheque immediately otherwise you clients would initiate criminal case against him.
Rajendra K Goyal
(Expert) 01 September 2013
Reply the notice denying liability against the cheques and to return of the cheques failing criminal case can be initiated.
Adv M.D.Azhar
(Querist) 02 September 2013
Sir my main query is that in this case both the husband and wife are responsible for the dishonor of cheque just because they are the join account holder while the wife did not put her signature on the cheques only husband signed the cheques.
Guest
(Expert) 02 September 2013
Your question is not clear in so far as the following points are concerned:
1) Whether the notice has been recived by A or his wife also to which you have to reply?
2) Whether notice indicates liability of A or both A & his wife?
3) You have stated, "both the husband and wife are responsible for the dishonor of cheque just because they are the joint account holders," whether this is your own assumption or the client has mentioned in his notice?
ajay sethi
(Expert) 02 September 2013
you have to in your reply mention that blank cheque had been given as security.deny that sum of Rs4 lakhs is payable . deny that any loan was taken by the wife .
Adv M.D.Azhar
(Querist) 03 September 2013
yes dingra sir the A has given a notice to both parties (husband & wife) and he has not only given one notice to theme fut because he has four cheques so that he has given four notice to as a joint parities to husband and wife in short he means both are liable. Infect i have drafted a reply denying all the facts which is given in the notice and i replied that because " Wife has not issued the cheques, she can not be joined as party" so i need a judgment on that point that person who has not put his signature can not be liable. If u have than reply me otherwise i am searching on internet.
Guest
(Expert) 03 September 2013
Only liability holder and the signatory of cheque, not necessarily a person being a joint account holder, can be made liable.
About hudgment, you will have to make personal efforts.
