Sir am a doctor, working in a hospital, (owner is proprietor) and he has not paid me professional charges for 2 years which now stands at 12 lakhs. He has given me cheques worth 10 lakhs and they got bounced. Meanwhile i came to know that he has sold the hospital to someone else. The bank has told me that the reason for rejection of cheques is signature mismatch. Can ownership be transferred without clearing old dues? Can i recover my dues from the new owner? Can i file case against propreitor for cheque bounce and cheating for changing his signature? Whats the time limit to proceed after the cheque bounce date? what else can i do?
Yes you can file a cheque bounce case, opposite part will be the proprietorship and the person who issued the cheque. The reason is that ownership is transferred with assets and liabilities.
Also please see that your case is within limitation as prescribed in NI Act also, as a part of procedure you will have to send him a legal notice before filing the case.
Regards
1) owner can sell the hospital without clearing your dues
2) new owner is not liable to pay your dues
3) you can file complaint under se film 138 NI for dishonour of cheque
4) you can also file complaint of cheating against accused
5)issue legal notice within period of one month of dishonour of cheque . Give him 15 days time to make payment . If he fails to pay file complaint within period of one month
6) you should also file summary suit to recover your outstanding dues
1. Celranve of dues has nothing to do with the selling of owenrship of business.
Only the old owner is liable fro payment o you and you can not ask for clearance of your dues from the new owner.
So your remedy lies in filing cheque bouncing case agaisnt the drawer of the cheque.
Ypu can simultaneously file civil suit for recovery of money along with criminal case of cheating.
Cheque bouncing notice which is mandatory is to be sent within one month from the date of dishonour. if one month has expires then no case can be filed anymore.
Can ownership be transferred without clearing old dues?
Yes.The owner can sell the hospital without clearing old dues
Can i recover my dues from the new owner?
No ,yopu can recover only from old owner
Can i file case against proprietor for cheque bounce and cheating for changing his signature?
You can file cheque bounce case.
Whats the time limit to proceed after the cheque bounce date?
with in one month notice should be send .15 days time to given to him for payment . If he fails to pay file complaint within period of one month .you can file complaint under section 138 NI for dishonour of cheque .
You can using the civil courts for recovery of money with in 3 years from the date of cheque.
Hii, yes surely you can file a cheque bounce case on the drawer of the cheque .. The cheque can be presented within 3 months of the date mentioned on it with the bank .. As you said they have bounced due to signature mismatch, still you can file a complaint under 138 NI act ..you can also initiate civil proceedings by filing recovery suit
1. If the cheques are bounced then have you served the demand notice as per the statutory provisions within 30 days of getting the cheque return memo from the bank? If the answer is no then you have lost a very potent remedy.
2. In case a cheque bounces the payee or holder in due course has to send a legal notice to the drawer within 30 days from intimation from the bank. The drawer gets 15 days from the date of receipt to pay the amount, and if he does not do so, the payee is free to file a criminal complaint for cheque bounce in the court of jurisdictional magistrate.
yes, you can file a complaint under NI Act because this cheque has bounced. but you have to send him a notice that cheque has bounced and make payment by any other medium. if no payment is done within 30 days from the date of receiving of notice then you can file complaint. this is separate offence and has no connection with transfer of ownership,
1. Both the assets and liabilities have been bought by the present owner and thus, in all the legal actions you must make both the old and the new owner a party.
2. Yes you're free to file a cheque bounce case. Demand notice within 30 days of the cheque bounce has to be given. If the dues are not paid within 15 days thereafter, a case may be filed under section 138 of the NI act.
Change of ownership has nothing to do with the dues to be paid to the doctors.
No, you have to recover it from previous owner alone.
You can initiate criminal complaint for cheque bounce
The time limit may be between one and two years.
thanks all learned lawyers for answering my previous question on cheque bounce furtherance to it, i want to know these... 1. can a notice be sent by me individually or through lawyer or both; if both are ok, then what is the difference otherwise or legally 2. does notice needs all the details like how do i know the drawer, cheque numbers, value, when dropped when rejected, calculation of dues, timeline of events, etcc 3. can i simply state that- cheques received against my pending dues have been bounced, clear it within 15 days else i will take legal course- will this be sufficient. 4. four cheques were bounced, does it need four notices or can it be clubbed into one; if the matter goes to court, will it be treated as four different cases or one. 5. total cheque value is more than my dues- will it matter. (cheques of 9.6 lakhs were issued to clear dues upto april, 2017 and he said will pay cash ffrom may onwards, however he paid me cash from january, this created the difference of 1.1 lakhs, and the least cheque value with me is 2 lakhs. (had i returned this cheque, i would be losing 90 thousand) 6. anything else to suggest.
1. Since it is a legal notice it is to be sent by a lawyer only.
2. Yes, it must contain all the details.
3. you have to write the thing in detail as to why the cheque was issued, why it has been bounced etc.
4. Four different notices are required, the same is not a class action suit.
5. that does not matter
Be sure that you take all the actions within the time stipulated in the NI Act.
Regards
you can send notice on your own or through lawyer .
2) lawyer notice would be better drafted
3)notice should mention nature of transaction , when cheque issued , when returned , cheque number etc
4)you should give him 15 days time to make payment
5)send 4 separate notice . file 4 separate cases
6)accused would have to obtain bail in 4 separate cases
7) you cannot club 4 cheques in one case
Hi, the notice has to be sent through a lawyer , mentioning the details such as :- for what consideration did he gave you the cheque...b) the details of drawer cheque and account and the details of the drawee account ....c) the date when he gave you the cheque and the date on which you presented it with your banker and on date it was dishonoured with the reason of dishonouring ....d) a single notice can be sent , with a condition of within 30 days of dishonouring the cheque ......4) further , the relief you are seeking from the drawer and a intimation to file criminal proceedings if he do not return the amount ....5) it is advisable to send notice through a lawyer , as it forms grounds of complaint that you are going to file later ... Any contradiction may prove hinderence to your case
1. A legal demand notice can be given either by you directly or through yor advocate.
You cannot give two notices simultaneously.
2. Yes the notice should contain the facts and the details of all such things which are necessary to file a recovery suit subsequently so that the notice itself will explain half the story of the money recovery suit.
3. This will be to vague and any case that is followed by this may not be maintainable.
4. You can send even a single notice but the details of all the four cheques are to be properly cited in it.
5. You first claim entire dues to you i.e., the cheque amount let him come out with his reasons and statement, after which you can restrict your claim to or dues.