• Cheque bounced

Dear sir,

A person issued a cheque in favour of my husband's name. I presented the cheque in the bank ( it is a joint account in my husband name and mine). The cheque was dishonoured and to inform the dishonour of the cheque within 15 days. I sent the legal notice under my name since my husband authorised me to sign behalf of me.

20 days is over till date no response from drawer. 

Is the legal notice is right?

if it is wrong? Can I represent the cheque once again and send the legal, notice through the lawyer? 

Can we file a criminal case again the drawer?
Asked 7 years ago in Criminal Law
Religion: Hindu

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8 Answers

1) legal notice should have been sent by your husband only

2) you could not have sent the legal notice

3) represent the cheque

4) in case dishonoured husband should issue legal notice , if cheque is dishonoured file complaint under section 138 NI

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

there is no bar in representing the cheque and sending second legal notice

2) your husband can only file case against the drawer

3) he can also file summary suit to recover the money with interest .

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. if you had sated in the notice that it was sent on behalf of your husband then it is valid.

2.otherwise you will have to present the case in such a manner as if the cheque was meant for you but your husband's name was mentioned in the cheque since it was a joint a/c.

3. If the cheque can be presented again then do it and then ask your lawyer to send the notice and then file the case.

4 , On second presentationfresh cause of action occurs giving rise to sending of fresh notice.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

A. In Sadanandan Bhadran v. Madhavan Sunil Kumar (1998) 6 SCC 514, the Hon'ble Supreme Court clearly stated that a complaint based on a second or successive dishonour of the cheque was not maintainable in the absence of earlier complaint under the previous dishonour. Therefore, it would not have maintainable under the law in earlier days.

B. However, MSR Leathers v. S. Palaniappan, (2013) 1 SCC 177 unequivocally established and overruled the earlier judgement (Sadanandan Bhadran v. Madhavan Sunil Kumar ) confirmed that second or successive dishonour of the cheque and notice under the same also permissible if the complainant is satisfied the statutory requirement of Section 138 of the Negotiable Instrument Act.1882.

C. Therefore, you have a good case to win under the latest supreme court judgement.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

If the dues towards the cheque amount is for your husband then only he can initiate legal action and not you.

You may represent the cheque and ask your husband to issue legal notice

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

The second notice may be a rejoinder

He only can file the case

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

when you present same cheque then a new limitation will start. so avoid to present this cheque unless it is requested by the maker.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

your notice is proper, according to section 138 of the N I Act, maker has 30 days time to pay the amount, now you should wait for 10 more days thereafter file a complaint under section 200 of crpc.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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