Negotiable instrument act
BHARTI KOTHARI
(Querist) 22 December 2019
This query is : Resolved
COMPLAINANT HAS ISSUED NOTICE HOWEVER IN THE SAID NOTICE CHEQUE PARTICULARS LIKE NUMBER, BANK AND BRANCH WAS NOT DISCLOSED EXCEPT AMOUNT. IS IT DEFECTIVE NOTICE.
kavksatyanarayana
(Expert) 22 December 2019
Ask the complainant to send the required details.
Raj Kumar Makkad
(Expert) 23 December 2019
Yes, the notice is defective and its benefit shall definitely go in favour of the accused.
Raj Kumar Makkad
(Expert) 23 December 2019
Accused need not to approach complainant seeking correct notice. Negotiable Instruments Act is a technical Act.
SHIRISH PAWAR, 7738990900
(Expert) 24 December 2019
Dear Bharti,
If the cheque particulars are missing then it is in favour of accused. If complainant go to court accused will get easily acquittal.
Regards,
Sankaranarayanan
(Expert) 24 December 2019
as suggested by sri Makkad . it will shield to accused
Hemant Agarwal
(Expert) 24 December 2019
INTROSPECT ON THIS:
1. N.I.Act provides that Notice be issued to Cheque-Drawer, for the bounced "cheque amount" (as per the wordings u/s 138). Hence statutory compliance is conducted when Notice is issued for the bounced cheque amount, without mentioning Bank details and neither such Notice can be termed as "defective". Notice becomes "defective", IF notice was not signed or amount was not mentioned or drawer's name & address is incorrect or cheque was outdated and so on ....
2. Drawer (accused), on receipt of such Notice, is now trapped, into compliance of the Notice and payment of the cheque amount (without reference to the bank details) and consequent prosecution by Complainant-Payee. Now, on receipt of Notice, Drawer CANNOT take plea that mentioned amount in cheque-bounce-Notice, is not his legally enforceable liability.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
T. Kalaiselvan, Advocate
(Expert) 26 December 2019
Since you have received the legal demand notice it becomes your duty to issue a reply notice denying all the allegations made in the notice.
Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both
Therefore you dont worry about the technical defects in the notice, you should plan to counter the same in the trial proceedings as per provisions of law and acts and merits in your side.
BHARTI KOTHARI
(Querist) 27 December 2019
i AM ACCUSED. CAN I TAKE DEFENCE SINCE THE COMPLAINANT HAS NOT GIVEN ME CORRECT AND COMPLETE INFORMATION AND THEREFORE i COULD NOT MAKE ARRANGEMENT FOR PAYMENT.
BHARTI KOTHARI
(Querist) 27 December 2019
ALSO ACCUSED HAVE GIVE ACKNOWLEDGEMENT CARD IN EVIDENCE ABOUT OF SERVICE OF NOTICE HOWEVER POSTAL RECEIPT ARE NOT ANNEXED AND WHEN i HAVE COME WITH CASE THAT ACCUSED IS NOT IN RECEIPT OF NOTICE. IS IT GOOD TECHNICLE DEFENCE.
Isaac Gabriel
(Expert) 27 December 2019
You cannot escape responsibility. Since you have issued the cheque, the banker would have mentioned in the memo alongwith the cheque, and therefore mentioning the no or date is a minor error. Case is maintainable.
Azhagananth
(Expert) 28 December 2019
Once the notice expresses in clear and unambiguous terms that the demand is being made for the repayment of the cheque amount, the statutory requirement is complied with. The object of issuing a notice indicating the factum of dishonouring the cheques is to give an opportunity to the drawer to make the payment within 15 days.
https://indiankanoon.org/doc/1583538/
read para 4 & 5
Azhagananth
(Expert) 28 December 2019
u can take multiple defence, but borrowal of money, issue of cheque and return will play the key role in deciding the case.
