Dishonored cheque u/s 138cr.
Shekhar Nagpal
(Querist) 29 May 2008
This query is : Resolved
Cheque dishonored on feb 24th with memo stopped payment of party 'A'
Notice seved on 7th march 08.for payment in 15 days.to part 'A' by party 'B"
Notice received by party 'A' on 17th march.FOR PAYMENTS WITHIN 15 DAYS FROM THE RECEIPT OF NOTICE.
Drafts made by party 'A' on 24th march and informed party 'B' to collect through councellor.of party 'A'.
party 'B' AKNOWLEDGES RECEIPT OF LETTER BUT NOT OF PHOTOCOPIES OF DRAFTS. AND REPEATS TO PAY THE AMOUNT IN DUE TIME. THIS LETTER RECEIVED ON 1ST APRIL.BY THE PARTY 'A'.
PARTY 'B' FILES CASE UNDER 138 CR.
WHAT IS THE STATUS OF PARTY 'A'.
DATE FIXED FOR 4-9-08.
H. S. Thukral
(Expert) 29 May 2008
The cause of action starts after 15 days of receipt of notice if payment is not received by then. The complaint can be filed within one month thereafter. If you have filed the complaint by 17th April it is maintainble otherwise it is not maintainble. Your second letter can not give rise to a fresh cause of action.
Shekhar Nagpal
(Querist) 29 May 2008
CASE FILED BY PARTY 'B'; ON THE 2ND OF APRIL 08.
I WISH TO KNOW WHAT IS THE POSITION OF PARTY 'A'.WHO HAVE MADE THE DRAFTS WITHIN 7 DAYS OF THE RECEIPT OF THE NOTICE AND HAVE INFORMED THE PARTY 'B' THROUGH THEIR CONCELLOR FOR THE COLLECTION OF THE DRAFTS. INSPITE OF THIS PARTY 'B' HAS FILED THE SUIT UNDER 138CR
H. S. Thukral
(Expert) 01 June 2008
Complaint cases under section 138 NI Act are coumpundable. "A" can appear before the Magistrate and apprise him of the facts. 'B' would accept the payment and complaint will be dismissed as compromised. However this does not create any casue of action in favour of 'A' to take any legal action against 'B'
