Failure to serve demand notice. How should I handle it now
01-Feb-2023 (In Cheque Bounce Law)
A cheque is issued by firm signed by director and treasurer. The advocate has sent demand notice to director only. Complaint is filed against both director and treasurer, summons were issued by court. Now treasurer has filed a revision to cancel proceedings against him claiming that no demand notice is sent to him. Can complainant claim that he has issued demand notice to director and the same is enough. Or can he claim that it was due to negligence of counsel.
As per the facts you mentioned , the complaint will be valid if the notice served returned due to the non-availability or because it was returned , if you have validly send a demand notice and that returned unserved due to the non availability or because it was returned then the respondents will be liable. There is no matter arise of cancellation of the proceeding unless they are ready to pay the stipulated amount bonafide.
No He cannot, because the statutory liability towards 138 mainly for Signatory or person who has been in charge day to day affiar of the CO. and authorised person under is supervision the said transaction has been taken place.
Treasurer can not be prosecuted without being served with legal notice for demand. The offence is committed only when the addressee fails to make payment of the cheque amount after demand notice and not otherwise.
You are claiming the cheque amount from the Director not to the treasurer,
Treasurer is performing only his duty he is not actually liable to pay you the amount.
Nothing would effect on the case if he is claimimg so.
Thanks
Treasurer is performing only his duty he is not actually liable to pay you the amount.
Nothing would effect on the case if he is claimimg so.
Thanks
When a cheque is issued by the company, and same got bounced then legal notice must be served to the company alongwith the directors/treasurer etc. You may contact For detail discussion on this case. Thanks.
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