makhija.ahmedabad@yahoo.com (Legal) 20 May 2009

Kindly advice for dishonour of check

Hi,

Can anyone please guide me in the following matter?

Mr. A and B both are brothers. They are running a firm and doing business with Mr. C for a long time. They purchased goods on credit from C and issued 2 cheques against that. Thereafter they just disappeared. Mr. C deposited one cheque which was dishonoured. Mr. C tried to contact Mr. A and Mr. B several times but failed to reach them. Since there is a time limit of one month to file the case, he couldn’t do so in a hope to contact them. Mr. C visited their home and tried to seek information from their parents, but was surprised to know that even their parents don’t know where they are and didn’t disclose anything about their both sons.

So, Mr. C decided to deposit the other cheque, which was also dishonoured. Now he wants to file a case against both the brothers MR. A and B including their family members for concealing their information.

Can Mr. C file a case on the basis of second cheque?

Can the family members be made a party to the case?

Any other information to file the case.

Thanks and regards,

Makhija.

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5 Replies

adv. rajeev ( rajoo ) (practicing advocate) 20 May 2009

C can use the cheque to file the complaint after following the procedures of NI Act.

Family members of the A & B cannot be involved in the case, because they are no way concerned to the business of A & B.

It is better to file suit for recovery of money and file an application to attach the share of the A & B in the properties of their family , before judgement.

V.S.R.Deekshitulu (B.Sc, B.L) 21 May 2009

It is not check but it is "cheque". "C" can file the complaint against A & B and also as suggested by Rajeev, he can also file the civil suit for recovery of the amounts due under the cheque and get their share of the property attached before judgment. The parents cannot be made liable since under NI Act, the liability is strictly persona except in the case of Firms and companies or associations. I hope this is sufficent answer

Sapna Makhija (Lawyer) 21 May 2009

With Due respect Mr./Ms. V.S.R.Deeksh*tulu,

Instead of pointing typo mistakes, one would appreciate if you provide the remedy. Further, you can observe in the content the spelling is correct, so in the title it is just a typo mistake.

Further, FYI, in US "Cheque" is often written as "Check".

Anyways, thanks for your advice.

makhija.ahmedabad@yahoo.com (Legal) 21 May 2009

Can you please provide the formate of an application to attach the share of the A & B in the properties of their family , before judgement. Are we suppose to give any kind of notice to that effect to family members or otherwise? Any other procedure to be followed.

Thanks and regards,

Makhija