LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Suchitra. S (Advocate)     21 July 2009

please solve this..

  Hi everybody, Given below example was a real life situation

 

M/s  X company ltd has sold goods to M/s ABC a firm in 24th Parganas in West Bengal. ABC firm has bank account in  SB Bank in 24th Parganas. ABC has issued a cheuque for Rs  1.00 lakhs to X coy ltd against on account payment towards purchase of goods . Cheque was dated 15th Jan 2009.  The cheque was presented in Bangalore on 12th Feb 09 by X company ltd with their banker ( CB Bank ). CB  Bank communicates to X company ltd on 15thMar 2009 that the cheque got returned   owing to insufficiency of funds. The advice of CB Bank carries a memo from Drawers bank i.e SB bank mentioning the reason that insufficiency of funds as reason for cheque return  and their  advice is dated  20th Feb 2009. X company ltd has issued demand notice to ABC firm  to honor the payment on 10th Apr 2009  U/s 138 of NI Act . Kindly discuss on the validity of notice issued by X company ltd.

 



Learning

 1 Replies

aruntrivedi (lawyer)     24 July 2009

it is very clear that notice of demand should be given in time this notice is time barred hence void. company should again present chq in bank and get a fresh memo if returned and then again issue another notice for demand and following same go for filing suit u/s. 138 NI. The best course I can suggest from my wide experience.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register