Legal Question in Criminal Law in India

Hi,

I am into business and was dealing with ABC Airlines Ltd. This is a group of companies like ABC Power Limited & ABC Shipping. Mr. Varma is the Director of all the companies. They issued one cheque against my services dated 21 Jan, 2013 from ABC Shipping company account. After that they requested that not to deposit the cheque as there is some financial crunch. I cooperated with them but they were not confirming any date to submitt the same. Finally on 19th April, 2013 I submitted the cheque otherwise I could have lost the 3 months timelines of submission the cheque. Cheque Got bounced on 22nd April, 2013.

Bank sent the bounced cheque with Memo via courier but it was undelivered at my office address (beco's of some reason). I recv'd one SMS on 29th April, 2013 that "Returned Cheque, got undelivered from your mailing address and is sent to base branch on 29th April, 2013. Pls collect it from there after 3 working days."

I collected the bounced cheque from the base branch on 3rd May, 2013 and reason was stated on the Memo is "Stop Payment". I had sent the Demand Notice to Mr. Varma and ABC Shipping as cheque was issued from this company account but this notice returned with comment that "address not found".

My Queries are :

1. Demand Notice 15 days period starts from the cheque bounce date (22nd April, 2013) or from the date on which I have recv'd back the bounced cheque with Memo (3rd May, 2013).

2. Demand Notice should reach to the defaulter company within 15 days or Can I send the Demand Notice on 15th day also via registered Letter.

3. I had sent the notice to ABC Shipping as cheque was issued from this company account but I was providing services to ABC Airlines Ltd. Is that a mistake ?

Kindly suggest...

Regard's

Mahesh


Asked on 6/01/13, 1:54 am

2 Answers from Attorneys

KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

you may file a complaint u/s 138 of NI Act within one month of dishonor of cheque.

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Answered on 6/01/13, 1:57 am
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

you may file a complaint u/s 138 of NI Act within within 45 days since the day the addressee received your demand notice.

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Answered on 6/01/13, 1:58 am


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