138 nia dishonour of 4 cheques
Vijay Kumar
(Querist) 14 March 2014
This query is : Resolved
Debtor issued 4 cheques.
All the 4 dishonoured one by one with the intervals of 2-3 days.
1. whether a single/composite notice can be issued?
2. Whether a single complaint u/s 138 NIA is permissible under law?
Kindly enlighten.
Dr J C Vashista
(Expert) 15 March 2014
It depends upon you, i,e. how you want to settle your professional fees. It can be single/composite and separatly for all individual cheque.
ajay sethi
(Expert) 15 March 2014
you can present all cheques and issue one legal notice for all the dishonoured cheques . file separate complaints preferably . accused will have to contest 4 cases instead of one
Rajendra K Goyal
(Expert) 15 March 2014
Better issue exasperate legal notices and file separate cases.
T. Kalaiselvan, Advocate
(Expert) 15 March 2014
It depends on how you have decided to generate revenue on the issues from your client. There is nothing wrong in clubbing all the cheques together and file a single case, provided the parties are same in all the four cases.
Vijay Kumar
(Querist) 16 March 2014
Respected Shri Devajyoti Barman, kindly guide me,whether we, the professionals, are not supposed to discuss the legal propositions.
Arun Kumar Bhagat
(Expert) 16 March 2014
Answer for both the queries is "Yes". See section 219 Cr.P.C.
R.V.RAO
(Expert) 16 March 2014
Agree with sri ajay sethiji's approach.
you can exasperate the debtor with 4 notices and four complaints and he will be contesting four cases at same time.
Uday Kumar
(Expert) 04 May 2014
sending one composite notice as well as Complaint is valid subject to statuary time limit of Ni act, In this case there is no issue to send one Legal Notice for 4 cheques and one Complaint persuading the Legal Notice....
There is no legal bar on this
Best Regards
advudaykumar@gmail.com