• Cheque bounce

My partner gives me cheque against partnership brokage. 
He was bounced cheque. Given cheque was different firm and He is director of that company can I file case against him using Section 138
Asked 2 years ago in Business Law

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16 Answers

Yes you can file a case. 

There is no legal impediment against the same.

send a Legal Notice and make sure you do everything within the statutory timeline.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
335 Consultations

5.0 on 5.0

Yes, the case can  very much be maintainable against him.

So send him a  notice within the next one month and after expiry one month  and half file the case against him.

 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

The other company is not liable but the partner can be sued under sections420, 406, 419 IPC etc, if a case under section138 NI act is not maintainable.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Yes if the said person is director then the 138 complaint has to be filed against firm making directors of the company coaccused.though the company firm will be main party.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

Yes, you can file case against him, here what type of relationship you have with him it doesn't matter. So what matters cheque is bounced.

Ganesh Kadam
Advocate, Pune
12193 Answers
151 Consultations

4.9 on 5.0

You can issue him legal notice as cheque has been dishonoured on presentation 

 

2) in event he fails to make payment within period of 15 days of receipt of notice file complaint against your partner under section 138 NI 

 

3) also file summary suit under order XXXVII of code of civil procedure to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

Yes you have all the rights to file cheque Bounce case under section 138 of Negotiable Instrument Act and at the same time if you feel that he has cheated you then you can go for cheating and misappropriation under section 419 420 and 406 along with the cheque Bounce case

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

Of course you can file case under 138 NI Act against him. 

Limitation is an important aspect for initiating proceedings u/s 138 or 141 of negotiable instruments act. You have to send a legal notice within 30 days from the date of return (dishonour) of cheque asking the noticee to pay the amount within 15 days. On expiry of fifteen days from the service of notice, you have to file a complaint before the Concerned magistrate within 1 month of the said expiry. However, it is pertinent to note that nothing precludes you from filing a separate civil suit (summary suit) for recovery of the amount due the limitation of which is 3 years from the cause of action/ date of dishonour.

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

1. If the cheque has bounced then you must firstly serve a demand notice on him within 30 days from the date on which you receive the cheque returning memo from the bank whereupon he will get 15 days to pay the amount covered by the cheque. The complaint case under 138 NI Act is to be filed within 30 days from the date of expiry of 15 days period.

2. The partnership firm and its director have to be arrayed as accused in the case.

Ashish Davessar
Advocate, Jaipur
30745 Answers
913 Consultations

5.0 on 5.0

Yes if it is of legally enforceable liability you can file a case.

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Yes

Yusuf Rampurawala
Advocate, Mumbai
6435 Answers
54 Consultations

5.0 on 5.0

Yes, as long as you can prove that this cheque was issued to you towards repayment of an existing debt. 

Go ahead and issue a demand notice to him/

Vibhanshu Srivastava
Advocate, New Delhi
9343 Answers
212 Consultations

5.0 on 5.0

Yes, very well you can claim

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

Dear Sir,

Yes, you get issue legal notice to the company as well as directors.  The said cheque was issued as legal consideration for you for your efforts.  Within next 6 months you will the amount.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

yes ofcourse you can file a case against him under sec 138 of NA act. Even you can file an another case against him under sec 420 of IPC 

Feroz Ahmad Parrey
Advocate, Srinagar
16 Answers

Not rated

 Yes u can file case, but needs to take proper precautions about transaction 

Pramod Shankarappa Dhule
Advocate, Pune
29 Answers

Not rated

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