• Personal cheques given on personal name in business transactions

Dear Sir
 
 I run a partnership firm and doing business with another partnership firm as part of business i have given stock to the other firm of sum 100,000/- but the managing partner of the other firm has given cheques related to his personal account or on his name to me i.e., on my name when i produce the said cheques they where bounced, The context here is he and my self are the managing partners of the respective firms, before sending the said cheques he has e-mailed me about cheques and transaction. 

Now how to proceed the present case? Please help me out in this context kindly
Asked 8 years ago in Criminal Law
Religion: Hindu

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6 Answers

1) issue legal notice to the firm and to managing partner to make payment within period of 15 days of receipt of notice as the cheque has been dishonoured on presentation

2) if they fails to make payment file criminal under section 138 NI for dishonour of cheque

3) also file summary suit under order XXXVII of CPC against the firm and the partner to recover your dues with interest

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Since the cheques have been dishonoured your partnership firm should serve a legal notice to it to demand the payment of the amount covered by the cheque. The notice has to be issued within 30 days of the cheque returning memo being issued by the bank.

2. If the amount is not paid after receipt of notice from your lawyer then file a cheque bounce case under section 138 of NI Act.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You can send him a legal notice to clear the debt and then you can proceed to file a case under section 138 of NI Act.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Issue a demand notice for recovering the amount dishonoured. Book them by filing a case against him under s. 138 Negotiable Instruments Act in case he does not complied with the demand notice.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can file a complaint case under section 138 of negotiable instrument act .. The company and the director of company both will be the parties to the complaint..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You can issue a legal demand notice to the person issued the cheque to you which stands bounced.

Let him give a reply either accepting the liability or disowning the same, you can decide to initiate proper legal action as per law accordingly.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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