138 NI
Anup Kamalakar Hadgaonkar
(Querist) 18 October 2010
This query is : Resolved
two diferent cheques, drawn from the same A/c (same persen)to me. both the cheques dishonered with remarked thatinsufficient ballance in the a/c of drawer.
so my Q. is whether i have to send two seperet notices of diferent cheques or one notice is sufficient
and for complaint?
Devajyoti Barman
(Expert) 18 October 2010
Though you can send either one notice or the two but it is advisable to end two notices and the case must be two.
Khaleel Ahmed Mohammed
(Expert) 18 October 2010
Two legal notices may be sent and two seperate cases may be instituted.
Rajeev kulshreshtha
(Expert) 18 October 2010
Yes it is your option but it shall be better to file two separate case.
Kiran Kumar
(Expert) 18 October 2010
two different cheques provide separate cause of action, so the notices have to be separate and complaints if necessary to be filed have to be separate.
but make sure the complaints are filed at a same place, there is a clear judgment of Hon'ble SC that for the same transaction the complaints can not be filed at the different places.
Advocate. Arunagiri
(Expert) 18 October 2010
It is not necessary to send two different notices. Vide that notice he has to claim the value of the two different cheques. While initiating prosecution this single notice can be marked as an exhibit for both the cases.
ashish lal
(Expert) 18 October 2010
Mr. Arunagiri is right. If both the cheques were part of same transaction then only one complaint case may be instituted for both cheques
SAANJAAY GUPTAA
(Expert) 19 October 2010
you may send one or two different notices to the accused person of different cheques.
Kirti Kar Tripathi
(Expert) 19 October 2010
I agree with Arunagiri. one notice is sufficient for action under section 138 NI Act as both pertains to same transactions.
Vijyant Nigam (09807349001)
(Expert) 19 October 2010
its better to send two different legal notices and to file two diferent complaints to avoid any future difficulties/legal technicalities.
with regards
Rayomand
(Expert) 20 October 2010
If the cheques issued are from the same transaction & same deal then you can issue a single notice & single complaint further more the dates should be near by if not it would be advisable to issue separate notice & a separate complaint it would also inconvenience the accused and may be shall settle it fast. It is always advisable to lodge different complaints for different cause of action. All the best & good day.
