Delay in giving notice u/s.138 of NIA, 1881.
aassociates
(Querist) 29 April 2010
This query is : Resolved
i want 2 file a complaint u/s. 138 of NIA,1881 but d matter is that the notice was sent to the accuse after 70 days of dishonour of cheque.shall we file a complaint u/s. 420 of IPC?
Raj Kumar Makkad
(Expert) 29 April 2010
No. Complaint under section 420 cannot be filed in such cases rather you may file a civil suit for recovery.
see if the validity of the cheque remains or not. If yes then against deposit it with your banker and after its bouncing, serve a fresh notice stating therein that on the saying of the accused, you had against presented it and then demand payment. On failure to repay within 15 days, file a complaint as desired within next 1 month.
adv. rajeev ( rajoo )
(Expert) 29 April 2010
You cannot file a criminal case u/s 138 of NI Act because within 30 notice will have to be issued after the receipt of bounced cheque.
Go for suit for recovery of money.
aassociates
(Querist) 29 April 2010
Thanks 4 ur reply,
Regards,
A.Associates
Sarvesh Kumar Sharma Advocate
(Expert) 29 April 2010
or if u have time with in six month(issuing cheque)then again file the cheque before the bank and if again bounce then go through proper way.
G. ARAVINTHAN
(Expert) 29 April 2010
Summary trial under Order XXXVII can be done only if payment is admitted by the defendant in his reply
Gaurav mishra
(Expert) 29 April 2010
cause of action has aries before 70 days so you can't file cheque again the only thing you can do is to file civil recovery suit.
Kiran Kumar
(Expert) 29 April 2010
i agree with Mr. Makkad
Sachin Bhatia
(Expert) 29 April 2010
If the cheque is still within its validity then against deposit it with your banker and after its bouncing, serve a fresh notice and then file complaint u/s 138 of N.I.Act.
