Legal Question in Banking Law in India

checque bounced

hi sir i am worked one software company then i resigned to my job at that time for my balance amont i took 3 postdated checque by company first 2 checque are in the company name last one in in MD personal account. 1st checque was bounced as insuffiecent found then i ask the company they give the amt and i sign to vocher as i recived amount. 2nd check also bounced as company ''account closed''. that time i took the money from company but i am not signed to any voucher as i recived money. but i returned checque. last checque(personal checque) was also bounced this time they not gave amount since 3 months. when i called to MD he wil not answering just messeging me as i wil give ur amont tomo like that. i have all the sms in my mobile. my question is can i put the case against the company or MD in the section 138

ni. can this case damage my feature....


Asked on 11/20/07, 1:51 am

6 Answers from Attorneys
J. Radhakrishnan independent Practice

Re: checque bounced

Since you have failed to issue notice within 30 days from the date of bouncing of the cheque, you have failed to follow the mandatory requirement under the N.I.Act. Hence no prosecution of the drawer of the cheque is possible. You can have only a civil remedy of filing a suit for the amount due.

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Answered on 11/20/07, 6:52 pm
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: checque bounced

You will be complainant question of damaging your future is out of context . You can issue notice well within 30 days of bouncing if required do fresh bouncing see if monies are paid within 15 days of notice if not file the case well within 30 days in criminal court you can get the monies due to fear of punishment to said MD . in such case you check whether MD has given the said cheque on companys account or his personal account . You can well proceed accordingly against company and its directors or only aginst MD as the case may be

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Answered on 1/07/08, 9:23 am
Amit Shukla AS and Associates Legal Services

Re: checque bounced

Pls contact personally.

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Answered on 12/01/07, 9:13 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: checque bounced

Yes you can file a case under NI Act. You have to serve the MD with a legal notice with all the details of the dishonourment of cheque.

Please contact in case of need.

Professional charges are applicable.

Please let me know the amount of cheques which you havent.

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Answered on 11/20/07, 5:35 am
G. M. Gupta gmguptaandassociates

Re: checque bounced

yes u file case of sec 138

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Answered on 11/21/07, 12:11 pm

Re: checque bounced

Yes,you can still file complaint u/s.138 NI Act.Firstly sent a legal notice and then proceed against him.Contact with all details to local lawyer or contact me with details.Professional charges are applicable.

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Answered on 11/20/07, 11:15 am


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