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Ramesh Chander (Advocate)     24 April 2014

Section 138 n.i. act

CHEQUE ISSUED BY A DISHONOURED. LEGAL NOTICE SERVED. NO PAYMENT WAS MADE BY DRAWER. COMPLAINT U/S 138 NI ACT FILED. NOTICE NOT BEING SERVED DESPITE REPEATED DISPATCHES. NOTICES SENT BY COURT RECEIVED BACK WITH REMARKS "ADDRESS NOT CORRECT" IT SEEMS THAT DRAWER HAS LEFT THE PLACE. WHAT CAN BE DONE UNDER SUCH CIRCUMSTANCES? IS THERE ANY WAY OF RECOVERING THE MONEY FROM DRAWER OR BRINGING THE DRAWER UNDER LAW?



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 4 Replies

cyberlawyer (barrister)     24 April 2014

you can get the details of the account holder from the bank in which the drawer holds an account. The bank would have the correct details of the account holder as he would have produced documents such as ration card, voters ID etc, etc as proof. 

Mahesh R. Sonawane (Lawyer/Fight for justice)     24 April 2014

FIRST THING THAT YOU HAVE TO SEARCH HIS DETAIL AND CORRECT ADDRESS.

Secondly you have also one civil remedy by filing civil suit for recovery of amount,

the offence u/s. 138 is very technical.

Krishna Gulagari (LAWYER)     24 April 2014

when the sommons case accused may be discharged ?

Krishna (Independent Practtioner)     29 April 2014

Hello, I am a lawyer who has just started practicing with a banking institution. I am a bit confused about the nature of the Negotiable Instruments Act, 1881 and would be glad if experts here can solve my queries: 1. What is the nature of the Act, is it substantive, procedural or a mixture of both. More so, is it civil substantive, civil procedural, criminal substantive or criminal procedural, also if the provisions of the act can be categorised thereof. 2. What was the purpose of the statute? 3. What are the provisions in the Act that relates to the compliance of the decision (order, judgment, decree)? 4. In case of non- compliance what are the remedies available under the Act? (Relevant provisions) 5. Which are the courts that have jurisdiction under the Act? What is the territorial and pecuinary jurisdiction of such courts? Which is the Original, Appellate and Revisional forrum under the Act? 6. Who has a locus standi under the Act? Who can initiate an action and against whom can an action be taken (Relevant provisions)? Thanks and Regards

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