Legal Question in Criminal Law in India
We invested Rs. 2,50,000 in fixed deposit of M/S Ind swift Laboratories, Chandigarh. They issued us post dated cheque of for principle amount Rs. 2,50,000/- and Intrest amount of Rs. 28650/- before one year. Now today on due date we learnt that there is no sufficient fund in their account and the cheque will be bounced. When we call the office of M/S Ind Swift Laboratories, they told us to return the old cheque and they will replaced with new one. The principle will be paid in Installments in three years with nominal interest of 6% per anum. My question are as follows.
1) Whether I should give legal notice to them? 2) Whether legal notice is to be issued with my signature or through advocate? 3) Whether I should file a case in our Juricidial court or in Juricidial court of the company i.e. Chandigarh. As we can not reach every time to Chandigarh for hearing.?4) Whether I should hand over my Old cheques to the company for replacement. If I do, whhether my legal case will be weekened or fetal while court will ask to produce original cheque which are bounced? 5) We learnt that company has acured lose in this year and applied for Debt restructing of funds. Whether with this argument, company will be excused by the law of court and allow the company to pay in three instalments without punishing them, even we protest for the same?
My Name is Bhupendra Bhatt. My E-Mail address is [email protected], My Mobile No. 09936997072
1 Answer from Attorneys
A legal notice in a cheque bounce case is sent within one month from getting the return memo slip from the court. If the case is within time, you should issue the legal notice. If you return the cheque and company does not return your money even in installment, a separate civil and criminal case will follow and not the cheque bounce case.
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