138 N.I.Act
Joydip Mukherjee
(Querist) 23 June 2008
This query is : Resolved
Whether subsequent notice for demand is admissible? First notice served duly to the accused, but the complainant failed to file the complaint,then the complt. once again presented the cheque within validity period and that also returned with remark"insufficient funds"then he further issued another notice of Demand to the accused which was not claimed.Is it maintainable to take cognizance by ld.court?
Joydip Mukherjee
(Querist) 23 June 2008
If there is any ruling of HC or Appex court regarding permissibility of second notice,please supply.
Srinivas.B.S.S.T
(Expert) 24 June 2008
You cannot issue second notice for a single cause of action. For one cheque bounce only one notice. Once the notice served duly on the accused then the complainant shall file the complaint as stipulated in NI Act. If he fails to file the notice then the cause of action for that cheques ends there itself. You cannot present the cheque again and gain a new cause of action. Now the only option left to you is to knock the doors of civil court for recovery of amounts.
arunprakaash.m.
(Expert) 24 June 2008
When you issued notice under section 138 N>I> as soon as the cheque bounched for the insufficient of funds there arose the cause of action. When the first notice issued the drawee thereby waive his right to further cause of action. In your case your client is barred by limitaton, neverthless hecan apply to the magistrate to condone the delay. Further bounching of cheque does not give rise to cause of action.
SROTAS -Global Legal Services
(Expert) 26 June 2008
Dear Joydip Mukherjee,
You can file the complainant under section 138 of NI Act. You have to rely upon the first notice which you have served on the accused. since the NI Act is amended, you can file condonation of delay petition for filing the complaint. But the reason must be genuine for delay in filing the complaint.
