Notice u/s 138 of negotiable instrument act
Neeraj Kaushal
(Querist) 31 March 2013
This query is : Resolved
Respected seniors,
my clients sold their land to A for consideration of rupees 5 Lac , but at the time of execution of sale deed rupees 2 Lac was short , B who is relative of A issued 3 cheques of rupees 2 Lac ,2 cheques were issued in the name of my one client and 1 cheque is issued in the name of second client. An agreement was also reduce in writing in respect of cheques given to my client . my cleint no.2 is GPA of Client no.1 he sold some land self and some land as GPA of client no.2. My problem is that :- There are 3 cheques i have to sent 3 notices or one combined notice , 2. Whether GPA can sent notice, 3. if i will send 3 notice then how can i mentioned amount in notice because B has issued 3 cheques of different amount and bank has given 3 memo . how i can draft this notice.
V R SHROFF
(Expert) 31 March 2013
THE BENEFICIARY CAN LODGE COMPLAIN IF CHQ BOUNCES.
You never said which cheques were returned, from wh bank a/c
Details are not sufficient to advise you.
Let Advocate draft notice.
prabhakar singh
(Expert) 31 March 2013
Your post lacks facts.
The sale was to A.Then A was to pay 5 lacks;he paid you only 3 lacks only and stood debited by 2 lacks.Then has this balance been shown to be due on A in the sale deed?
Why cheques were issued by B (who is relative of A )What liability B owes to
sellers,your client no.1 or no.2?
What are the contents of the agreement subsequently reduced to writing and who are parties to and signatories of it?
These things in my consideration are vital before any action against A or his relative B.
So far notice of demand u/s 138 is concerned, it would be three in number against dishonor of each cheque and each shall constitute separate three distinct offences on non payment BUT BEFORE THAT ONE WOULD HAVE TO UNDERSTAND HOW B IS DEBTOR WHEN SALE WAS TO A?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 March 2013
Whatever you do since things are messed up so defense will have ample opportunities to poke holes in your story.
1) There is a citation of SC that for one transaction multiple cases should not be filed if done heavy fines should be imposed.
2) There is another citation which all accused of cheque bounce cases should carefully note that a cheque given for settlement of earlier bounced cheque is not a legal liability to attract criminal action.
So remember MURPHYS LAW that unexpected faults will occur.
prabhakar singh
(Expert) 31 March 2013
Well Mr.ADVOCATE DEFENSE!
If 03 cheques are so distanced in dates that
on dishonor of the second limitation for dishonored first passes away and so happened
also with second one on dishonor of the third one,then how to coup with such a problem and how to honor S.C. judgement you are warning about?
We all know about rule of "multiplicity"but sphere may be different some time.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 31 March 2013
Dear sir some times the citations are perplexing and may have been given under particular circumstances but defense advocates use them for benefit in all cases.
I will give just one example=
In a cheque case conviction by trial court and confirmed by HIGH COURT was set aside by SUPREME COURT just on one reason that the case was heard by more than one Judge which is not allowed for summery trials as applicable to cheque cases. IMP EXCEPRTS-
For the foregoing reasons the appeal succeeds. The judgment dated August 09, 2010 rendered by the learned Single Judge of the High Court of Gujarat at Ahmedabad in Criminal Revision Application No. 529 of 2003 upholding conviction of the appellants for the offence under Section 138 of the Act is hereby set aside.
The matter is remanded to the learned Metropolitan Magistrate for retrial in accordance with law.
ajay sethi
(Expert) 31 March 2013
the biggest mistake you made was seeling land aginst cheques . you should have insisted on demand drafts .
instead of filing ceque bouncing case issue legal notice and file summary suit . .
Devajyoti Barman
(Expert) 31 March 2013
contact local lawyer and get the draft made on showing the papers.
prabhakar singh
(Expert) 31 March 2013
Mr.Barman!
It is a query by a professional which begins with words"my clients".
Surender Kumar Sharma
(Expert) 31 March 2013
Dear friend
for better suggestion you must post the details of facts as required by Mr. Prabhakar Singh, Dear Advocate defense citation is the next step,
Dear questioner please post all the facts as required by Mr. P.Sing than only it is possible to give you good suggestion as per the knowledge of the experts.
