N.i.act
jitendra hada
(Querist) 05 May 2012
This query is : Resolved
Cheque presented for the second time and again dishonoured .notice also issued both time .pls tell me that my second notice is valid ya not?
SAINATH DEVALLA
(Expert) 05 May 2012
Jitendra,
When you have issued a legal notice for the first cheque bounce,why did you present it for the second time.Kindly post the dates of the cheques presaented and the dates of the notice.
Anirudh
(Expert) 05 May 2012
If you have already issued a notice, then one cannot gain any limitation by presenting the cheque for the second time.
The limitation will be reckoned only on the basis of the first notice.
If the limitation for filing the complaint has expired in respect of the first notice, then you have to file the complaint with an application for condonation of delay.
If the delay does not get condoned, then your complaint u/s. 138 has to be abandoned and you have to seek recovery of the money by filing Summary Suit under order 37 CPC.
ajay sethi
(Expert) 05 May 2012
better file summary suit .
if you had desired to file complaint under section 138 Ni you ought to have done after issue of first notice . if there was any delay it could have been condoned
after issue of second notice you cannot file complaint under section 138 NI
contact a local lawyer
Advocate Rajkumarlaxman
(Expert) 05 May 2012
if he had stated to deposit it for the second time and again he bounced the same then in that case it is valid and on that stand you can file complaint under 138 on the basis of second notice.
Deepak Nair
(Expert) 05 May 2012
Agree with the experts. You cannot deposit the cheque again once the notice is issued. Summary suit is the option available now.
V R SHROFF
(Expert) 05 May 2012
Cheque presented for the second time and again dishonoured .notice also issued both time
after a notice is issued, cannot present cheque again, to issue second notice.
u lost 138 n i chance.
Shonee Kapoor
(Expert) 06 May 2012
nothing left to be added
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
