To receive document substituting with certified copy
Contact No: 9440965784
Query: Respected Sir,
Myself and my wife advanced handloan of Rs.7.00 Lakhs each 3.50 Lac to X and he promised to pay on demand, at the time of payment he issued cheques and promissory note, but frequent request after 27 months he executed an undertaking stating that, amount owed Rs.7.00 Lacs + Interest 2.86 Lacs to us and issued 2 cheques favouring each Rs.5.00 & Rs.4.86 lacs by taking the earlier cheques and promissory note, and the same were presented for payment with bank and they were returned due to insufficient funds, and he requested us to give some more time of 3 weeks and he executed a fresh agreement and issued fresh cheques by replacing the earlier one's on 28/12/2013. They were also dishonoured due to insufficient funds, and we got issued legal notice (common) i.e. single legal notice covering the i.e. mentioned each and every particulars in the notice and he didn't replied/revert the same. We got lodged 2 complaints with the Hon'ble courts i.e. myself and mywife in Feb’2014. and he taken undue advantage of ordinances of Hon’ble Supreme Court regarding transfer cheque bounce cases and even after long gap he paid 8 time cost for to cross us and we didn’t crossed and Hon’ble Judge forfeit the cross, while at the stage of 313 i.e after 2 years, X approched the Hon'ble High Court to quash basing on the single (common) notice for two separate complaints, and after filing of Quash petition with Hon’ble High Court and he also filed a Petition with Lower court to club the cases. The orders for the Clubbing MPs is pending with lower court.
Further, we inform that, we filed original legal notice in 1 complaint and filed certified in another complaint.
Our main intention/contention is that, Notice is given to him and he aware of the facts of total case.
Further, the object of Notice is that, to give a chance to drawer to rectify his omissions. We made it, because the notice served (Common) also states the each and every particulars i.e. cheque favouring and numbers and amounts and bank separately.
He filed petition with the Hon’ble High court to quash basing on common legal notice served for 2 complaints filed by 2 complainants.
Further, inform that, we agreed for the execution and issuance of cheques in written statement filed in suit recovery filed by us in civil court.
Please advice and provide any citations/judgements to maintain our complaints.
Asked 2 years ago in Criminal Law from Hyderabad, Telangana
His case for quashing the cheque bounce case on the basis of single legal demand notice is not maintainable.
The high court may decide against it for the reasons that he has not disputed the amount he owes you both. The legal notice contains complete details of the loan transactions as well as admittance of issue of cheque and promissory note by him for the purpose of loan repayment.
This evidence is the basis of argument by defence in the quash case.
In the lower court also his tactics to delay the trial proceedings may not gain momentum after certain extent provided your lawyer puts pressure on court on such attitude of the accused.
You do not require a citation for this. He has applied for quashing on the ground that a common notice was issued for the cheques, but there is no obligation of law to issue separate notices for every cheque. Engage a lawyer to contest his case on merits.
1) andhra HC Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Five cheques - One notice - Amount of each cheque mentioned specifically and separately - One complaint can be filed though there was one demand notice - In the instant case one complaint filed in respect of four cheques - No illegality.
2) delhi HC Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Complaint - Maintainability - Complainant issued one notice of dishonour in respect of four dishonoured cheques issued by petitioner - Held, as cause of action for filing complaint for dishonour of cheque is service of notice u/s 138 of NI Act and not dishonour of cheques......therefore, S.219 Cr.P.C. would not be applicable - Complaint maintainable.....