Cheque returned with refer to drawer. meaning

No this remark does not cover 138 NI Act.

Agreed.

 

what if i give him notice and he didi not pay.

"The Punjab and Haryana High Court in the case of M. M. Malik v. Prem Kumar Goyal , has analysed the aforesaid sections and held that the cause of action will be complete when the drawer of the cheque fails to make payment within 15 days of the receipt of the notice contemplated by proviso (b) and that the offence shall be deemed to have been committed only from the date when the notice period expires. The court had construed the endorsement "refer to drawer" as the bankers inability to honour the cheque for want of funds in the account of the drawer and further held that as far as the jurisdiction was concerned, the principle that the ‘debtor has to find the creditor” would apply and that the court within whose jurisdiction the creditor is located will have jurisdiction to entertain the complaint"

Right issue a notice. W/o issue no legal action stands.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

what should be done by me, pls guide steps and process in this matter.

how should I convince court that this is a case under s.138, if court objects that there is not insufficent funds but refer to drawer.

pls guide

The debtor must seek creditor has been rejected by SC.

 

 

Unable to understand JSDN, please elaborate.

 

this is in reply to above part of the query.

 

as far as the jurisdiction was concerned, the principle that the ‘debtor has to find the creditor” would apply and that the court within whose jurisdiction the creditor is located will have jurisdiction to entertain the complaint"

can i initiate steps under  s.138 or not, pls explain

 

SC has held in many cases that the provisions of NI act are legal fiction and hence all of them have to be strictly followed . Most of the complainants  fail to follow many imp requirements and that is why it is always easy for any accused of cheque case to win.

what are the important requirement, pls anyone elborate.

my main query ios whether I can initiate s.138 case or not.

pls guide

No you can't file notice on this ground. The mean of said enforcement is- 1. Perhaps where you deposit cheque is not CBS Branch OR Bank which issued said Checque is not CBS branch. Said cheque has not reached at issuing Branch. Contact to your Bank and got information. Collect details & than contact LCI members.