who will be the accused in the 138 ni act case
Battula Manikumari Apparao
(Querist) 08 April 2011
This query is : Resolved
Respected All,
i have one doubt please suggest, my company supplied labels to courier service provider they paid by cheque which was dishonored as they close there account now ,i sent the demand notice to 1) company name, 2)person who placed order on mail.address of the above both notice are same but i sent the two notices.
we are not aware of the real owner of the courier services provider.I recieved the acknowledgemet of the notice which was sent by company name but not recieved the notice which i sent to the person.please suggest who will be the accused in such a situtaion if i file a complaint under 138 of NI act please suggest and can i file a complain?
Ajay Bansal
(Expert) 08 April 2011
Serch from bank,which bounced the cheque, particulers of account-holder as this account-holder is main accused.
Battula Manikumari Apparao
(Querist) 08 April 2011
Respected Ajay Bansal sir,
thanks for you response but bank is not supporting. please suggest further
adv. rajeev ( rajoo )
(Expert) 08 April 2011
If it is ltd., co., then Managing Director is an accused, if it is proprietor concern proprietor. If you don't know the name of the proprietor then you can file a complaint like this
_____________courtier service
proprietory concern
Represented by it's proprietor
Raj Kumar Makkad
(Expert) 08 April 2011
it may be difficult the status of opposite firm or its sol proprietor/owner/partner/director etc. and even a discussion may further arise whether closing of account falls under section 138 NI Act or not so it is better to file suit for recovery on the basis of cheque against the courier firm before local civil court and it shall definitely be decreed.
arorars_05
(Expert) 09 April 2011
Actual it is not clear from your message what is the status of the courier company if it is a company then you can find out the detail from the registrar of companies. Normally you can send the notice to company as well as to the person who signed the cheque on behalf of the company. The case u/s 138 of NI filed against the company and against the person signed the cheque.
Sri Vijayan.A
(Expert) 09 April 2011
The Co. is the Accused.
S.138 shall be applicable to the closed account too.
malipeddi jaggarao
(Expert) 09 April 2011
Can't you contact the person to whom you have supplied labels? If it is local, ascertain the details personally and demand for repayment. Then you can proceed legally if they do not respond.
Vijayan Balakrishnan
(Expert) 09 April 2011
Dear Aggrieved,
If the concerned bank is not co-operating, please take up with the RBI Ombudsman, who must be able to sort out the grievance.
The complaint can be lodged online as well.
Please give a copy to the concerned bank as well. The Bank should have KYC details from which the basnk should be able to disclose the account details including the proprietor's name to you so that you can file a Recovery suit on the basis of dishonoured cheque against the delinquent courier firm before local civil court.
Battula Manikumari Apparao
(Querist) 11 April 2011
thanks for your response but as vijayan sir suggested me to go to bank and get the details of the accused but why any bank will give me any information about their client? It should be confidential. Is there any rule that a bank should give detail of the client?
V.V.RAMDAS
(Expert) 11 April 2011
Dear Apparao,
Bank will not disclose the particulars to a 3rd person. But You can go to Obudsman for your problem. Balakrishanan has given correct reaply to your problem. It is easy, quick and no expences is required to get the relief.
