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cheque bounced by company

RajkumarN 12 Jul 2013, 10:27

Kindly allow me to describe the situation.

A company borrowed money (through a cheque) from my father (senior citizen) with my knowledge (we live in the same house, I take care of him). The company attempted to repay the amount with a cheque. Soon after giving the cheque it asked for additional time to arrange honouring the cheque. Several days were given. In the end the company gave a written assurance to honour the cheque if it is presented on july 8th. The cheque was presented to the bank accordingly. It bounced as NSF.

Questions:

-Since my father is a Senior citizen with cognitive disability, can I proceed with serving notice to the company on his behalf? What legal step needs to be taken to acquire that right?

-Since it is a pvt ltd company, can I make all directors of the company liable under Section 138? if so, how does one find out who other directors are? Can notice be served to each one of them or only MD (who signed the bounced cheque as well as the agreement to repay the loan).

-Generally how much it costs in legal expenses to file notice, and then proceed with trial in a court (say at Bangalore) until it is over.

Thank you and I appreciate your insights and suggestion.

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