Section 138

vinayak (Querist) 09 November 2011 This query is : Resolved
Cheque bounce date 1-9-2011

Can i file a complaint under sec 138 and if not what would be procedure to recover amount ? pls advice

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Guest (Expert) 09 November 2011
Cheque bounce with what reason? Please clarify.

Sailesh Kumar Shah (Expert) 09 November 2011
and what was action taken yet ?

Shonee Kapoor (Expert) 09 November 2011
1. What was the cheque issued for?
2. Supposedly it was a valid transaction, have you issued notice within 15 days of bouncing of the cheque?
3. If answer for 2 is no. You can not.

Now, if the validity of the cheque is still there, get it bounced once more and then issue notice before filing the case.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 09 November 2011
138 NI Act is not meant for recovery of money rather it is a criminal case which is totally technical as told by Shonee. If you failed in taking timely action, you fail to rope the guilty.

You can still file suit for recovery in civil court within 3 years of issuance of such cheque.

Devajyoti Barman (Expert) 09 November 2011
In this case you can apart for getting the defaulter convicted may be order to get money.
But to do that you must have to send notice within 30 days from the date receipt of the intimation of the dishonour of the cheque.

If you are not interested in criminal proceeding oe there is no time allowed for that then suit for recovery of money is an option.

Kiran Kumar (Expert) 09 November 2011
well advised by Mr. Makkad.

ajay sethi (Expert) 09 November 2011
agree with experts

prabhakar singh (Expert) 09 November 2011
I TOO AGREE WITH EXPERTS.

Piyush Vaishnava (Expert) 09 November 2011
i too agree.

Guest (Expert) 10 November 2011
see section 138and section 142 of Negotiable instruments act.

Guest (Expert) 10 November 2011
agree with the detail opinion of the experts.

Kirti Kar Tripathi (Expert) 10 November 2011
I also agree with experts

dev kapoor (Expert) 10 November 2011
My dear,
"Cheque bounce" by itself does not give cause of action for invoking S.138 NIA.Apart from what others have said, I like to add that "unless you show that the cheque was given for discharge of debt or other liability",complaint u/s.138 NIA is NOT maintainable e.g. cheque given as a 'gift';some 'financial assistance' 'security' etc do not invite criminal liability.

vinayak (Querist) 11 November 2011
Thank you all for valuable advice.....

As advice by Mr. Shonne kapoor can i redeposit that cheque and in case it get bounced then to issue a notice against defaulter ?

Cheque is in validity period and its against outstanding dues.

pls advise

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