bounced ch.
Querist :
Anonymous
(Querist) 24 December 2010
This query is : Resolved
Dear Sir,
I was director in ltd. Company. I have issued a ch. To my supplier but it’s bounced. Now I have sold the co. with all liabilities. Current directors paid to him through a ch.
Without getting bounced ch.back.
Now we received the summons against the bounced ch. Pl. suggest my legal position.
Devajyoti Barman
(Expert) 24 December 2010
Since the debt is discharged the case is no more maintainable.
SAANJAAY GUPTAA
(Expert) 24 December 2010
you show the paper that you sold the company with all the liability to the other person and the said person repaid the your bounced cheque amount to the supplier in chque and it got honoured, before the court to prove your case, court must consider your views.
Querist :
Anonymous
(Querist) 24 December 2010
Dear Mr.Barman,
ch. bouncing is a crime not matter of debt.
in the first ch.---we signed the ch.
in the sec.ch.-----signed by the other director
there is any value of sign in the court or not
Devajyoti Barman
(Expert) 24 December 2010
I think you need more learning to understand the meaning of 'debt' in the context of cheque bounce.
Querist :
Anonymous
(Querist) 24 December 2010
pl.do not think against me,kindly guide me,
pl. provide me any rolling/judgment in regarding my problem
Adv. Satyendra kumar chauhan
(Expert) 25 December 2010
Mr. Anonymous you have been given advice for your query by many imminent expert in this forum but you seems be in great mood to learn law and legal system in one day . you got outline and now please go and meet and hire any lawyer really not virtually. if you fail to appear in court then court may issue warrant against you and then you will come with another query and start arguing with experts.
s.subramanian
(Expert) 25 December 2010
The cheque is valid. The dishonour is true. But as suggested by Mr.Barman,it is against a debt which has been discharged already. Therefore the prosecution will not and cannot stand judicial scrutiny. You can have it quashed u/s 482 of CR.P.C. before the High Court.
Advocate. Arunagiri
(Expert) 25 December 2010
what are the dates of cheque returns?
for which cheque return you have received summon?
are you still continuing as a director?
are you still being the cheque signatory?
Clarification:- if a cheque is issued for a legally enforceable debt and got bounced then it is an offense. In your case it is a legally enforceable debt and is an offense, no doubt. case may be initiated on the company and its directors who are in-charge of the day to day affairs of the company.
B K Raghavendra Rao
(Expert) 25 December 2010
Cheque bounces are date oriented. You need to mention the date of the cheque, date of its presentation, date of legal notice received by you, the reply given by you or the date of payment of cheque amount and the date of instituting the case. Unless these things are mentioned, you will not get a proper legal advise.
However, since you have received summons, rightly or wrongly, you have to appear before the court, take bail if insisted by the court, face proceedings and defend your case with documents in support of your contention at appropriate stage of the case.
Kirti Kar Tripathi
(Expert) 25 December 2010
Agree with Mr. Barman, once, debt is discharged, the case is not maintainable. no further inquiry is required.
B K Raghavendra Rao
(Expert) 25 December 2010
Sorry, Kirti Kar Tripathi is wrong. Cheque bounce case is not a debt recovery proceeding. It is about a criminal offence committed. Even the pleadings in the complaint filed would be only to punish the accused and seek compensation and not for recovery of debt.
It it could be established that the accused has committed offence he is liable for prosecution and cannot set it off by making payment and claiming that he has not committed any offence. The offence is complete when once the accused fails to pay the cheque amount to the lender on or before the expiry date fifteen days from the date of receipt of legal notice. Even if he pays the cheque amount on 16th day, it is an offence committed.
Querist :
Anonymous
(Querist) 25 December 2010
dear sir,
1.ch.date 06/06/10,ch.return date 10/06/10.
2.yes i received summon by the police station (hearing date 11/01/11)
3.no.i resined on 18/09/10.
4.no.i am not ch.signatory after 18/09/10.
Clarification:-
this offence goes against me or against the company and new director
Guest
(Expert) 25 December 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100,09271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com
REGARDING THE CHEQUE DISHONOURED KINDLY NOTE THAT.
1.YOU HAVE RECEIVED THE SUMMONS FROM THE COURT TO APPEAR ON GIVEN DATE .CASE IS FILED UNDER SEC.138 OF NEGOTIABLE INSTRUMENTS ACT FOR DISHONOUR OF CHEQUE.
2.YOU FIRST FOLLOW THE LEGAL PROCEDURE.YOU HAVE TO APPEAR IN THE COURT AND APPLY FOR BAIL AND SUBMIT SURETY DOCUMENTS AS PER BAIL ORDER.YOUR SURETY SHOULD REMAIN PRESENT BEFORE COURT WITH YOU AS BOTH HAVE TO SIGN THE BOND FOR YOUR ATTENDENCE IN COURT IN FUTURE .
3.ONCE YOU APPEAR BEFORE THE COURT YOU MAY FILE DISCHARGE APPLICATION MENTIONING ALL FACTS AND PRODUCE ALL DOCUMENTARY EVIDENCE THAT THE DUES ARE ALREADY SETTLED AND HENCE NO LEGALY ENFORCEABLE DEBT.KINDLY GET THE MATTER DRAFTED FROM LEGAL EXPERTS SO THAT YOU MAY GET DISCHARGED AND ACQUITED FROM THE CASE.
4IN CASE YOU DO NOT SUCCEED THEN FILE A WRIT PETITION TO THE HIGH COURT FOR QUASHING THE SAID FALSE CASE AT LOWER COURT AND ALSO CHALLENGE THE ORDER OF ISSUE OF PROCESS UNDER SEC.138 OF N.I.ACT.YOU HAVE TO ENCLOSE CERTIFIED COPIES OF COMPLAINT ,ORDER ISSUING PROCESS UNDER SEC.138 OF N.I.ACT AND RELEVENT CHEQUE COPY AND ALSO COPY OF STATEMENT AND PROOF OF DOCUMENT REGARDING FULL AND FINAL PAYMENT OF SAID DEBT BY THE DIRECTORS OF SAID CO.YOU MAY ENCLOSE THE COPY OF DOCUMENT SHOWING CHANGE OF OWNERSHIP OF SAID CO.YOU WILL SUCCEED.
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP .GOOD LUCK.
REGARDS TO ALL.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Advocate. Arunagiri
(Expert) 25 December 2010
The offense is against the company, but the directors who are incharge of the day to affairs of the company will be included as accused.
As you are the director the company and also the cheque signatory as on the date of the cheque issue and bounce, you have to face the case.
You say that you have issued the cheque and also you say the new director issued the cheque. How come the new director issued the cheque before you resign. Is it a real case. If it is a real case I can help you further.
You have mentioned that you have received summons from police station or you have received from the Court.
If the summon is from the PS the offense will not 138 NI Act. It may be 420 ipc.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 December 2010
Person is liable since he resigned after issue of cheque. More ever once the process is issued you have to face trial . Engage a good advocate locally instead argueing here.
Ajay Bansal
(Expert) 27 December 2010
YOU HAVE TO FACE PROSECUTION.
Arun Kumar Bhagat
(Expert) 02 January 2011
Non-payment of dishonoured cheque amount demanded vide demand notice issued u/s138(b) within 15 days of receipt of notice shall invite prosecution. However the court may take lenient view with regard to subsequent payment. Not a good case for quashing.
