cheque returned but taken part payment in cash after notice
sajjan gupta
(Querist) 07 May 2008
This query is : Resolved
dear sir, i had issued a cheque of ruppes 2700/- to the telecom service provider reliance on 7th sept. 2007(post dated 28/7/2007) as i was not having fund but the collector reqested to issue the cheque and will not be presented without consent.but the same was presented and get retuned as the fund i was expecting did not got.after they send me legal notice in october 2007and in december their collector executive aprroched me and taken a cash of Rs.540/- (cash recept is there)withpromise to give instalment proposal for the amount due. After that day i contacted many times relince office neither the amount paid by me shown in their subsiquent bill nor any praposl send to me.NOw the co. sued me under 138.please advise me what to do?
please also advise if a post dated cheque is issued in anpticipation of fund and if fund does not arrive in future , here no intention to fraud then why it is criminal. as post dated cheque are taken by finnacial institution and banks, ASfuture can,t be granted ther may some problem in general public life in future
a.haridasan
(Expert) 08 May 2008
Dear sajjan,
the case u/s 138 NI act is not a case for merely getting the money, and it is an offence based by the dishonour of the cheque which alleged to have been comitted by you.a case initiated u/s 138 ni act can be settled and can be withdrawned at any time before the court, even before pronouncing judgement.
one of intention of the legislature while inacting the NI Act, with a view to encourage the culture of use of cheques and enhancing the credibility of the instrument,so the legislature provided the adeqate remedy to the aggrieved party .adv.a.haridasan.
