Sction 138 ni act

mahesan (Querist) 21 August 2013 This query is : Resolved
A given cheque to B
B presented cheque and same was returned with the memo for stop payment,

B against presented same cheque for collection and same was returned with the endorsement of Stop payment
B filed complaint before court

Complaint maintainable?

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Sarvesh Kumar Sharma Advocate (Expert) 21 August 2013
yes ! complaint is maintainable!

V R SHROFF (Expert) 21 August 2013
Adv MAHESAN:

138 COMP IS MAINTAINABLE.

Rajendra K Goyal (Expert) 21 August 2013
Whether notice u/s 138 was served on the drawer of the cheque.

R.K Nanda (Expert) 21 August 2013
if required notice is not served then complaint not maintainable.

Advocate Bhartesh goyal (Expert) 21 August 2013
Limitation would start fromen wh first time cheque dishonoured and not from subsequent bounce.

Raj Kumar Makkad (Expert) 22 August 2013
Only Nanda ji has grasped the point. If no mandatory notice has been sent, no offence is mae out.

prabhakar singh (Expert) 22 August 2013
Complaint maintainable?

NO NOT maintainable.

malipeddi jaggarao (Expert) 23 August 2013
Agree with expert Mr.Nanda.

mahesan (Querist) 23 August 2013
Thanks dear seniors
But already sent after second time cheque bounce. Now this complaint is maintainble or not?
Both time returned as Stop payment?

DEFENSE ADVOCATE.-firmaction@g (Expert) 23 August 2013
Second notice is now legal and STOP PAYMENT defense is rejected by APEX COURT.

However there are many other technical lapses which any expert defense advocate can exploit in favour of accused.

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