138

Querist : Anonymous (Querist) 13 January 2011 This query is : Resolved
Dear Sir,
I was sleeping partner of a firm in Singapore.I issued four cheques of this firm's foreign account to an Indian firm,out of which three cheque passed.The Indian firm never sent the product for which this payment was given.I followed that party and received 80% payment in cash (US$).I forgot to collect the last cheque.I closed that Singapore firm and the bank account.After a year the Indian firm deposited the cheque and it bounced.The Indian firm filed a case under 138.Now I want to know the following:
1.138 is applicable when the bank account is closed before a year.
2. 138 is applicable when it is a foreign firm and amount is in foreign currency.
3. When an advance payment has been made but further advance denied.
Thanks/regards

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Srinath Kondapally (Expert) 13 January 2011
Any have you are liable under Indian Law.And if you provide such complaint copy/particulars, we will guide you exactly, but as per readings of your query it is not sufficient to get good advise, if requires may mail me skondapally666@gmail.com or call me at 91 990 8020 994

Guest (Expert) 13 January 2011
When a cheque is presented after six months from the date of issue, the cheque becomes a stale cheque and cannot be paid by the banker for whatever be the reason.

Debasish Hota (Expert) 14 January 2011
Agreed with Mr. Rao.The case is not tenable in the eye of law. Please provide more detail to help you to prepare for defence as the case is already in the court of law.

Amit Minocha (Expert) 14 January 2011
ans

1) yes it is maintianable.
2) yes since the NIA doesnot mention the amt in Rs. only but it has to be presented and retd in India
3) 138 is not attracted in Advance but if supplies are made then it gets attracted as it doesnot remain advance any more.

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