138 ni act
Chetan Pardakhe
(Querist) 20 March 2012
This query is : Resolved
The bearar cheque is bounced whether I can file complaint u/s 138 NI Act.
ajay sethi
(Expert) 20 March 2012
issue legal notice within 30 days of recipt of intimation of dishonour of cheque . after notice is received by accused he can make payment within 15 days .
if no payment is receivd file complaint within 30 days therefater
Raj Kumar Makkad
(Expert) 20 March 2012
Ues, you can file it but heavy onus shall shift upon you to prove your lawful debts towards the issuer of the cheque.
Kiran Kumar
(Expert) 20 March 2012
both the counsels above have explained the procedural as well as technical aspect :)
Shonee Kapoor
(Expert) 21 March 2012
Yes you can after issuing notice.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 21 March 2012
whether I can file complaint u/s 138 NI Act.:
YES
Ajay Bansal
(Expert) 21 March 2012
As advised by Ajay and Rajkumar above.
SAINATH DEVALLA
(Expert) 21 March 2012
Dear Chetan,
You said it is a bearer cheque.Its not crossed or account payee.Here I differ with my colleagues.A bearer cheque does not attract section 138,unless it is crossed and sent for clearing,through your account.
Anirudh
(Expert) 21 March 2012
Dear Mr. Sainath Devalla,
Why do you say that only crossed / account payee cheque when bounced will attract Sec. 138?
Why an uncrossed cheque when bounced cannot attract 138?
What is your basis for saying so?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 March 2012
Dear sir bearer cheque has no locus standi.
There can not be any accused in case of bearer cheque.
Anirudh
(Expert) 22 March 2012
If the bearer cheque gets bounced, can't the drawer of the cheque be an accused? What is the logic in saying so? I really do not understand.
To tell you, even on a bearer cheque, though the bank initially resisted, I have successfully obtained a 'Banker's memo' mentioning 'insufficiency of funds'. But when I approached the drawer he immediately made available the money to me and so there was no occasion for me to proceed further.
So, the answers so far provided do not seem to have any sound legal basis.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 March 2012
Advocates have certain aura of fear in normal public and you have encashed it.
Now you are taking of legal provision than to to any bank they have best of legal brains still they refuse loans to ADVOCATES .
WHY ???????
Just because they do not want to test the negative power of defense.
Anirudh
(Expert) 22 March 2012
Dear Mr. JSDN,
1. When I got the Banker's dishonour memo on a bearer cheque, I was not an Advocate!
2. In any case, the logical and legally sustainable answer has not come out so far.
Anirudh
(Expert) 22 March 2012
Dear Sirs,
Some of the following case laws on the subject may be helpful. You may like to go through.
Regards,
(1) B.L. Shindhe Vs. B. Shamachar @ Shamanna - MANU/KA/0726/2003 Equivalent Citation: III(2004)BC151, ILR2004KAR709, 2004(2)KarLJ283, 2004(2)KCCR1039;
(2) Krishan Gupta and Anr. Vs. State of West Bengal and Anr. MANU/WB/0062/2007 Equivalent Citation: 2007CriLJ2502
(3) Sardar Jasvir Singh son of Sardar Hardev Singh and Sardar Ranjit Singh son of Sardar Hardev Singh Vs. State of Uttar Pradesh and Ayyaz Ali Khan son of Fayyaz Ali Khan MANU/UP/1588/2006 Equivalent Citation: 2006(10)ADJ414, I(2008)BC30, 2007CriLJ2538
Shonee Kapoor
(Expert) 23 March 2012
It does attract 138 as long as legal debt can be shown.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
