Legal Question in Criminal Law in

Please be informed that we had offered services to one exporter ( please note that the services were processed in Gujarat) for fruits and veg,

the total amount of services, procurement and packaging material amounted to 510000/-, he had given a security deposit cheque of 360000/- and had transferred 150000/- thru RTGS.

However the cheque has been dishonoured by the bank due to insuficient funds in first week of August 2010

The total amount outstanding till date is 360000/-

However the cheque has been dishonoured by the bank due to insuficient funds in first week of August 2010.

a. Cheque was issued from Lucknow branch by the exporter.

b. Cheque was deposited in our Bombay bank account.

Please note the following

1. Services were given from Gujarat state, The cheque was issued from Lucknow branch and was deposited in our Mumbai account.

2. Do we need to lodge police complaint in Mumbai or Gujarat.

3.All the communication was done thru email.

Your earliest reply will be highly appreciated


Asked on 9/17/10, 5:41 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

In this case there will be no police complaint. You will have to file a private complaint at Gujrat before the Magistrate towards dishonour of cheque. Since they had paid RTGS, atleast, they did not have intention to cheat. For filing of complaint you were to issue notice within 30 days of receiving the dishonour information from bank. If you have not done that, you may deposit the cheque again, get it dishonoured and then issue the notice within 30 days. thereafter file the complaint

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Answered on 9/17/10, 7:43 am


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