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Notice received under section 138.
10-Apr-2023 (In Cheque Bounce Law)
What will happen if we do not reply to notice sent by other party , making us liable under section 138? The cheque was in name of company , but I was the authorised person. Should I be worried? The amount claiming is very huge , I cannot pay that back and company does not exist now. I have also served as a resident director. Please help
Hi,
It’s not a straight forward case of dishonour of cheque. Ordinarily, you would have either responded to the legal notice or wait for them to file a complaint u/s 138 in the court followed by notice served on you for appearance before the court.
You case is special. You were the authorised signatory and I believe you had a board resolution to that effect.
I wonder if you company doesn’t exist anymore what it implies? Was liquidation formally undertaken? Or, just you all ceased to operate?
Many questions require answering before a solution can be suggested.
Please message me if you are keen to have my legal consultations.
It’s not a straight forward case of dishonour of cheque. Ordinarily, you would have either responded to the legal notice or wait for them to file a complaint u/s 138 in the court followed by notice served on you for appearance before the court.
You case is special. You were the authorised signatory and I believe you had a board resolution to that effect.
I wonder if you company doesn’t exist anymore what it implies? Was liquidation formally undertaken? Or, just you all ceased to operate?
Many questions require answering before a solution can be suggested.
Please message me if you are keen to have my legal consultations.
Helpful?
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Adv. Kabir Hazarika
Delhi | 100+ Answers
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yes it is necessary to reply immediately on the legal notice and it will help you to defend your case otherwise you have no merits to prove that. it is sufficient proof that check is signed by you and this is sufficient ground to convert you for the same whether you are guilty or not
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Adv. Akhil Verma
Delhi | 400+ Answers
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Query perused. I would advise you to send an appropriate reply to the statutory legal notice received under section 138 NI Act and rebut the allegations contained therein. Since you were the authorised person who will be Impleaded and make to face the trial . For further consultancy and legal services you may contact us.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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it depends upon the complaint whether the said liability can be proved beyond doubt. that being said, if he can prove it, you will have to pay the money back or face jail time. the notice is usually followed by a complaint of criminal nature and a civil suit for recovery of money
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Adv. Rohan Sharma
Delhi | 200+ Answers
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Hi,
we have to see the exact facts averted in the notice to give you a just and prompt reply to the said legal notice.
Need not worry, for more information feel free to have a word with us.
All the best.
we have to see the exact facts averted in the notice to give you a just and prompt reply to the said legal notice.
Need not worry, for more information feel free to have a word with us.
All the best.
Helpful?
36+
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Adv. Sahej Uban
Delhi | 500+ Answers
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