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2 cheque bounced,issued by the same person, is also a company director


07-Dec-2023 (In Criminal Law)
Sir, Two cheques were issued by ONE accused, one from his personal savings account,another from his company account which has only two directors, the accused is the major share holder. I issued a Single legal notice within the time frame with both names addressed to the accused & the company. the company (having only two directors, with the accused and his wife & the accused is a major share holder) the company cheque & the individual cheque signed have the same signature on both cheques .
Answers (5)

Answer #1
801 votes
After serving legal notice upon the defaulter, you have to wait for 15 days at least for the reply of the defaulter. If you are not satisfied by the reply of the defaulter or the defaulter does not reply to your legal notice, then in such a scenario, you are free to approach the court of competent jurisdiction. The court will issue summons. If accused doesn't show up in the court the Bailable Warrant will be issued and even after this accused doesn't show up the Non-bailable Warrant will be issued and then Arrest warrant.
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Advocate Sujeet Notwal

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Answer #2
590 votes
If you have already issued them a legal notice and they have got the intimation of the same then now you can always file a petition under section 138 NI Act and claim your money back along with compensations. You can also file a recovery suit in the civil court regarding the same.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #3
850 votes
I've understood your concern and I've experience of handling such kind of matter. Therefore be assured that I shall be assisting you throughout the process and pave a path for you to arrive at a resolution. Please reach out to me so that we can initiate the process expeditiously
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Advocate Alankrit Bhatnagar 

Adv. Alankrit Bhatnagar 

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Answer #4
936 votes
Sir, you need to file a case under Section 138 NI Act making company an accused along with the director responsible for issuing the cheque. If you can showcase the roles of both the directors in issuing the cheque to you, you nay implead the other director as well. There are supreme court judgements in this regard. You may consult me though.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

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Answer #5
644 votes
I have read your query regarding your cheque bounce case. If you have already send legal notice to accused within time period as per law then you have file a criminal complaint against them under section 138 of NI Act then the court will issue summon to them. The chance are high to get money from them.
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Advocate Himanshu Jain

Adv. Himanshu Jain

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