1) legal notice should have been sent by your husband only
2) you could not have sent the legal notice
3) represent the cheque
4) in case dishonoured husband should issue legal notice , if cheque is dishonoured file complaint under section 138 NI
Cheque bounced
Dear sir, A person issued a cheque in favour of my husband's name. I presented the cheque in the bank ( it is a joint account in my husband name and mine). The cheque was dishonoured and to inform the dishonour of the cheque within 15 days. I sent the legal notice under my name since my husband authorised me to sign behalf of me. 20 days is over till date no response from drawer. Is the legal notice is right? if it is wrong? Can I represent the cheque once again and send the legal, notice through the lawyer? Can we file a criminal case again the drawer?
Asked 7 years ago in Criminal Law
Religion: Hindu
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8 Answers
What happen to that first legal notice if we are sending the second legal notice? whether the case is valid for criminal case? my husband only file a case against the drawer.
Asked 7 years ago
there is no bar in representing the cheque and sending second legal notice
2) your husband can only file case against the drawer
3) he can also file summary suit to recover the money with interest .
1. if you had sated in the notice that it was sent on behalf of your husband then it is valid.
2.otherwise you will have to present the case in such a manner as if the cheque was meant for you but your husband's name was mentioned in the cheque since it was a joint a/c.
3. If the cheque can be presented again then do it and then ask your lawyer to send the notice and then file the case.
4 , On second presentationfresh cause of action occurs giving rise to sending of fresh notice.
A. In Sadanandan Bhadran v. Madhavan Sunil Kumar (1998) 6 SCC 514, the Hon'ble Supreme Court clearly stated that a complaint based on a second or successive dishonour of the cheque was not maintainable in the absence of earlier complaint under the previous dishonour. Therefore, it would not have maintainable under the law in earlier days.
B. However, MSR Leathers v. S. Palaniappan, (2013) 1 SCC 177 unequivocally established and overruled the earlier judgement (Sadanandan Bhadran v. Madhavan Sunil Kumar ) confirmed that second or successive dishonour of the cheque and notice under the same also permissible if the complainant is satisfied the statutory requirement of Section 138 of the Negotiable Instrument Act.1882.
C. Therefore, you have a good case to win under the latest supreme court judgement.
If the dues towards the cheque amount is for your husband then only he can initiate legal action and not you.
You may represent the cheque and ask your husband to issue legal notice
The second notice may be a rejoinder
He only can file the case
when you present same cheque then a new limitation will start. so avoid to present this cheque unless it is requested by the maker.
your notice is proper, according to section 138 of the N I Act, maker has 30 days time to pay the amount, now you should wait for 10 more days thereafter file a complaint under section 200 of crpc.