neeraj bakshi (prop.) 28 July 2012
one cheque while sending through courier by our emplyee was lost by him. it was blank with parties name and with signature. We lodged DDR and also intimation was given to bank to stop payment of the same. But after six months that cheque was presented in our bank and bounced due to insufficient funds by the same party. they are proceeding with the case under section 138. What all remedies i can have to safe guard my interests.
Advocate Bhartesh goyal (advocate) 28 July 2012
It is mandatory that drawee has to send a notice to drawer before filing complaint under the prov isions of N.I.Act and without sending notice complaint can not be filed.You might have received the notice,reply the same that cheque has not been issued towards any debt or liability also mention that to prevent misuse of cheque Bank has been instructed to "stop payment . "
Advocate Rohit (Advocate) 28 July 2012
Dear Neeraj,
As you have said the cheque was lost by your employee, then how that cheque went to the same party???
kindly provide proper details and facts. you may call on 9324538481 for legal assistance.
Regards,
arnab banerjee (nil) 28 July 2012
dear neeraj
you better do a little investigation as to how the cheque goes to the party after being lost. i sense something fishy in it. maybe that your employee who lost the cheque could provide some valuable information.
Dalip Kumar Chhabra (Advocate) 31 July 2012
These days, all such type of defences are not available. Yet , if you are able to prove at trial that you have not received any legal notice, mandatory before launching prosecution u/s 138 NI Act, and fact of lost cheque through courier agency, police agency, only than some benefits can be available .. Yet , please also make it clear that whether the cheque was presented within 3 months of its date.. or not.. as per new amendment in NI Act...time of instrument made limited to 3 months validation only....if still not satisfied, please give complete details.. regards
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