Legal Question in Credit and Debt Law in India

Non-receipt of legal notice on dishonour of cheque

In my case, the cheque was issued in 1995. It was signed by me, with no amount or date . The broker filled in the amount & dated the cheque in 2000. The cheque was dishonoured by my Bank with reason '' Refer to drawer''. The Broker's lawyer claims to have sent me legal notice but postal authorities returned the legal notice with remarks'' Not claimed'' the address mentioned was my old Nagpur address, where I did not stay. I had shifted to Nasik , much earlier to 2000 . Broker claims that he has served me the notice. I wish to prove that the Broker deliberately sent the notice to incorrect address. How can i prove it ?


Asked on 11/17/08, 7:20 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Non-receipt of legal notice on dishonour of cheque

You may do that; besides, you may also dispute your liability for the amount, if the cheque was issued without due consideration. Though initial presumption may be against you as per NI Act; but you will have a right to rebut that presumption by leading appropriate evidence.

Read more
Answered on 11/17/08, 8:36 am
Nasir Butt Nasir Law Associates

Re: Non-receipt of legal notice on dishonour of cheque

Cheque was issued without liability to repay debt or obligation. Since the cheque was not dishonoured due to insufficiency of funds, therefore no offence is constituted at all. No need to prove anything at all.

Read more
Answered on 11/17/08, 11:47 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in India