Notice and complaint of second cheque in other state?
Rajat sahotra
(Querist) 21 May 2012
This query is : Resolved
Complinant kept two cheques and ablank signed stamp paper as security for a friendly loan of Rs.25000/-.
Accused already made the payment for a loan of Rs.25000/- by cash. No receipts were taken by accused of making payment.
Complainant despite payment gave Notice of First cheque dishonour for Rs. 49000/-which was received by accused but accused did not replied to the notice,Complainant filed Complaint which is still pending.
Account of cheque issued has been closed way back 1 and half year by the accused.
Now the complainant has put on the second cheque for encashment and issued notice for dishonour from a state where complainant resides.
First complaint is pending in the state where the accused is residing and the complainant has property in that State and often visit the state of accused.
The notice is issued for an amount of Rs.300000/-.
What can be the defense and reply to the second notice on behalf of Accused and if complaint for second cheque from other state is maintainable?.
R Trivedi
(Expert) 22 May 2012
Are the number series of these two cheques same ? Are they consecutive ?
What stand he has taken in the first case and what stand has been taken in the second case ??
Just remember one thing: Pending a criminal case no one is likely to extend any loan, so if in the second case he is talking of any fresh loan after the first case was instituted, you are quite safe.
If he has linked both the cases with one single transaction, then approach Raj High Court for transfer of the case to your state. If there are any contradicting statement in both the cases, you can approach the court U.s 482 for quash.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 May 2012
File for transfer both cases at one court , it will be allowed.
You can also apply to the respective trial courts with certified copies of other case to order withdrawal of case and file the same at one place.
The second option will be safer and economical since you can go in revision is local sessions court than HC and SC.
FIGHT YOU WILL WIN AND CAN GIVE RUN FOR THE MONEY AND TIME OF THE COMPLAINANT.
Shonee Kapoor
(Expert) 22 May 2012
Agreed with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 22 May 2012
I don't think he can link both the transactions,because the said second transaction is for 3,00,000/-.
Mr.Rajat,
If you can mention the date of the first cheque and the date of notice sent,and the second one too similarly,we can arrive at the validity.
