Criminal case for dishonour of cheque
P.C. Joshi
(Querist) 29 September 2009
This query is : Resolved
Dear Friends,
I need a brief action points to institute a criminal suit u/s 138 of N.I.A for dishonour of cheque beginning from dishonour of cheque till final order of the court. Would anybody like to share this inf. with this forum for the benefit of members.
Regards
P.C. Joshi
Sarvesh Kumar Sharma Advocate
(Expert) 29 September 2009
with in six months cheque must be diposit in the bank.
after receiving cheque bounce memo send a legal notice with a breif particular about the trajiction,give fifteen days time limit to return the money,wait for 15 days after then with in thirty days(after sixteen day) issue of notice file court case u/s-138 n.i.act.
PJANARDHANA REDDY
(Expert) 29 September 2009
DEAR JOSHI,
TO FILE A CC IN NI ACT 138, WHAT OUR FRIEND TOLD IS CORRECT..PLS TAKE CARE ABOUT NOTICE DRAFTING,TIME OF CHQ (WITH 6MONTH),RETURN MEMO OF BANK, JURISDICTION OF COURT,TIME TO FILE 30DAYS ,AFTER NOTICE ACK/RETUN DT.,ETC.,
Sachin Bhatia
(Expert) 29 September 2009
Mr. Sarvesh give you the details, and it is better for you to get the services of any local Lawyer....
Sukhija
(Expert) 29 September 2009
P.C.Joshi
take the service of a lawyer and then go ahead, at least for one case.
Guest
(Expert) 30 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING CRIMINAL COMPLAINT UNDER SEC.138 OF NEGOTIABLE INSTRUMENTS ACT, KINDLY NOTE THAT.
1.THAT THE CHEQUE RECEIVED FOR LEGALY ENFORCEABLE DEBT.WHEN DEPOSITED IN THE BANK GETS DISHONOURED THEN THE STEPS TO BE TAKEN ARE AS UNDER.
A. A LEGAL NOTICE SHOULD BE SENT TO THE DRAWER OF THE SAID CHEQUE AT HIS LAST KNOWN ADDRESS BY REGISTERED POST A.D.
B.THIS NOTICE SHOULD BE SENT WITHIN 15 DAYS FROM THE DATE OF DISHONOUR OF THE CHEQUE. THIS NOTICE SHOULD MENTION THE TRANSACTION BETWEEN HOLDER OF THE CHEQUE AND THE DRAWER OF THE CHEQUE.AND FURTHR THE CHEQUE NO.DATE AND AMOUNT OF THE CHEQUE AND NAME OF THE BANK OF DRAWER OF CHEQUE SHOULD BE MENTIONED IN THE SAID NOTICE
C.THE DATE OF DEPOSIT IN THE BANK WITH NAME AND ADDRESS OF THE BANK SHOULD BE MENTIONED.
D.THE DATE OF DIHOUNOUR OF THE SAID CHEQUE WITH REASON MENTIONED IN THE BANK MEMO SHOULD BE MENTIONED IN THE SAID NOTICE.
E.THE DEMAND OF AMOUNT OF THE SAID CHEQUE DISHONOURED SHOULD BE MADE FROM THE DRAWER OF THE SAID CHEQUE WITHIN FIFTEEN DAYS OF RECEIPT AND SERVICE OF THE SAID NOTICE BY THE SAID DRAWER OF CHEQUE.
KINDLY NOTE THAT IN CASE THE PAYMENT OF CHEQUE AMOUNT IS MADE BY THE DRAWER OF CHEQUE WITHIN 15 DAYS OF SERVICE OF NOTICE THEN MATTER ENDS AND IS SETTLED.
FBUT IF PAYMENT OF CHEQUE AMOUNT IS NOT MADE WITHIN 15 DAYS OF SERVICE OF NOTICE THEN THE HOLDER OF CHEQUE HAS TO FILE THE CASE IN THE COURT WITHIN ONE MONTH FROM THE FROM THE SAID 15 DAYS NOTICE PERIOD IS OVER.
KINDLY NOTE THAT THIS OFFENCE UNDER SEC.138 OF N.I.ACT IS TO BE HANDLED CAREFULLY AND STRICTLY THE LIMITATION PERIOD OF NOTICE AND FILING THE CASE SHOULD BE OBSERVED.THEN THE COMPLAINENT CAN SUCCEED IN THE MATTER.PLEASE NOTE.
IN CASE YOU NEED ANY FURTHER INFORMATION OR HELP YOU MAY WRITE OR CALL.
THANKING YOU
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
PJANARDHANA REDDY
(Expert) 30 September 2009
DAER NANDKUMAR JI,
PERFECTLY EXPLAINED,THANKS FOR THE EXPERTISE IN NI ACT 138
vinjamuri ranga babu
(Expert) 01 October 2009
hello,
First instance present the cheque.
issue notice to the person who issue the cheque with in 30days from the date of receipt of information from the bank,
after issuing notice wait for 15days from the date of receipt of notice;
and from the 16 day onwards with in the 30days complaint has to be lodged before the court.
this is briefly about filing of complaint u/s 138 of NI ACt
