• Cheque bounce

If I have given a notice in Sec 138 of negotiable instruments act to a properitory firm. There was a cheque which got bounced and. There were 2 notices issued 1 for properitory firm and the second notice goes to the owner/ properitor. But my mistake the address is same on the envelope and the postal receipt is also same for both the addresses and both the envelopes got returned due to non acceptance. So are we eligible to file a case or help me in the given matter and any reference case to this matter.
Asked 4 years ago in Business Law

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12 Answers

It's ok you can make the owner liable as proprietary firm is not a different legal entity. Proprietor is liable for the liability of the proprietary firm. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Non acceptance is valid delivery of notice. Ruled by SC. File complaint after 15 days lapse of notice date.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

See if the address is correct and it is registered address of the firm then in that yes you can proceed with the 138 NI complainant can plead that he has not accepted the notice.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

refusal to accept notice is proper service 

 

2) you can file complaint under section 138 NI against accused if he fails to make payment within period of 15 days of receipt of notice

 

3) also file summary suit to recover your money with interest 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You can send notice on correct address and residential address both. Still they not accept the notice than file case in the criminal court.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

1.  IF Postal Remark says "Refused /Intimidation / .... ", THEN the court deems that it has been duly served u/s 27 General Clauses Act and the Complainant is entitled to file case in court, by annexing the self-attested photocopy of both the envelops.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes you can file case under Sec.138 of NI Act.

The refusal to accept notice "non acceptance" in your case amounts to deemed service.

You have to wait for 15 days from date of refusal of your notice and file the case against them.

Further, you have a chance to file "Summary Suit" before concerned civil court also wherein you can also claim interest.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

- Yes, you are eligible to file a case under 138 of N.I.Act , against both of them , even sending notice on similar addresses, becasue the owner/propriotor is running the said propritory firm, and further the said firm has been runned under its propriotor . 

- Non-acceptance of notice by them ,amounts to service. Better to take postal delivery receipt before filing the case.

- As per limitation period. you will have to wait 15 days from the date of receipt of notice/refusal date.

 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

A proprietary form is managed by its owner only so there is nothing wrong in the notice and if the amount is unpaid even after the left of the notice period then you can file your complaint under the Negotiable Instrument Act in the court designated in this regard.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

According to S.138 r/w S.141 of the NI Act, the complainant has to wait for 15 days after receipt of notice by the accused. Thereafter the Complaint has to be filed withing 1 month after expiry of 15 days time period.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can very well file a cheque bounce case under section 138 NI act against the firm as well as the proprietor of the company.

You may file the case within the time limit so that it is not barred by limitation.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Yes you are eligible to file case against both firm and it's proprietor.

Because In most of the cases proprietor address and firm address are same. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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