• Dispute regarding cheque and company

Dear Sir,
  I am an engineer and basically doing research on fuels. A year back I came in contact with two people X  &Y from Sonipat who offered to fund my research for the purpose of setting up an industry. Intially they promised Rs.10 lacs .They transferred Rs.5.5 Lacs from their personal account to my wife’s and brother account.We also formed a company with me and Mr.X being the director with 40 and 60% shares respectively.
   Two months back they started asking me for the money and threatened me. I had also sent the machines to their factory. I have filed a case against them.However I had forgotten that they also had one of the blank cheques of the company signed by me with them. The bank account is operated jointly by me and Mr.X.  Mr. X  misused the cheque by making it bounce  by showing a payment of Rs.21.5 lacs against one of his friends.He also made himself one of the accused. Now a legal notice under Sec 138 of NI act has been served upon me and it has been alleged that a friendly loan had been given to us by the complainant while no transactions of this magnitude has been done. What am I supposed to do now?
Asked 2 years ago in Criminal Law from New Delhi, Delhi
The case pertains to provision of section 415/406/120B of IPC, lodge case against them under the above mentioned section, you can also reply to that Legal Notice that no such loan was taken by your company and claim of amount  can not be entertained.
Soumya Kundu
Advocate, Kolkata
87 Answers
0 Consultations
4.5 on 5.0
DO NOT WORRY.THEY HAVE TO SHOW LEGAL LIABILITY FOR COMING UNDER 138 NI. GET THE PROPER REPLY DRAFTED BY AN ADVOCATE OF THAT SO THAT IT CAN COME AS YOUR DEFENCE IF CASE IS INITIATED BY THEM.
MORE OVER KEEP IN MIND THAT YOU HAVE TO GIVE REPLY WITH IN 15 DAYS
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Since you have no enforceable debt due to the said person, you can challenge the said 138 NI Act case by way of filing quashing in the high court.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Dear Querist
First of all send a reply of this notice through an advocate within 15 days from the receipt of the notice.
File a criminal case under section 420, 467/471/415 of ipc against them before court or police.
 Both the above action wtll be helpful for your defense. 
If they file complaint and court issue summon to you then after receiving the summon file a quashing petition before high court. 
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. Details of the fact has not been informed?

2. Was there any agreement between you & 'X' &/or 'Y'?

3. Why was Rs.5.50 lakhs transferred to your wife's and brother's account when they negotiated the deal with you?

4. Was any amount sent from 'Y's account?

5. Was 'Y' made any director or share holder of the Company?

6. What case did you file against them?

7. However, if they can not prove that you have any dischargeable liability on them, then no charge u/s138 of N.I. Act will lie against you.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Please give full particulars and facts of the matter.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1. When you were going to carry out the research you should not have taken money in your wife and brother's account.

2. What is the nature of case you have filed against them?

3. Now that a legal notice has been issued to you for cheque bounce it is advisable that you reply to it through your lawyer. If he goes to court then contest his case fittingly.

4. Since Mr.X filled the cheque in excess of the amount you owe to him you may file a criminal case for cheating against him whereupon he may be summoned to face trial.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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