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SRIPAL SURANA (CEO)     16 July 2012

Cheque bounce

I HAVE SENT A CHEQUE UNDER PROTEST TO MY OWEND FLAT CO-OPRATIVE SOIETY AS A DEPOSIT FOR FUTER CORPORATION TAX,FOR PAYING AS CLAIM COMES, BUT INSTRUCTED THEM (CO-OPERATIVE SOICETY) TO PRESENT AFTER SENDING ALL REQIURED PAPERS AND AFTER GETTING CONFORMATION BY ME. BUT THEY HAVE PRESENTED WITHOUT ALL ABOVE. HENCE IT WAS BOUCED DUE TO NON FUND.

WHEATHER I AM LEGALLY WRONG OR THEY. IF DAMAGES PART TO CLAIM. WHO CAN DO ?

PLEASE SUGGEST.



Learning

 1 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     17 July 2012

Dear Sripal,

As per law once person issues a cheque to thrid party for clearing its admitted liability, then the person needs o have the sufficient balance in that bank account.

When you issued the cheque you were aware that you don't have required balance in that account and the cheque would get bounced. Therefore, it is an offence for doing such an act. They have a right to send you a legal notice u/sec. 138 of negotiable instrument act thereby asking you to pay the sum within 15 days. otherwise they shall file a complaint against you for prosecution.

Further, that cheque was given on conditional basis in writing? kindly confirm.

 

Incase you need any legal assistance then you may call on 09324538481.

 

Regards, 


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