Sec. 138 nia

Mansoor Ahmad (Querist) 05 October 2013 This query is : Resolved
A person issued three cheques. All are dishonoured.
After serving notice upon him, he pays amount of one cheque.

Now the questions are?
Is it necessary to serve another notice for remaining two cheques or the first notice will do?
Does the cause of action over the other two cheques continue by virtue of earlier notice or do we have to resuscitate it by serving another notice with respect to other two cheques?

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Guest (Expert) 05 October 2013
If the earlier notice did not include particulars of all the cheques and reference to transactions in lieu of which the cheques were issues, notice in each individual case would become necessary.

ajay sethi (Expert) 05 October 2013
notice must have been issued in respect of the 3 cheques that were dishonoured . if in respect of other 2 cheques no payment received within period of 15 days from date of receipt of notice file criminal complaint under section 138 Ni

Rajendra K Goyal (Expert) 05 October 2013
If the payment has not been received as per notice for all the cheques, case u/s 138 NI Act can be filed for the remaining cheques for which payment has not been received.

V R SHROFF (Expert) 05 October 2013
U did not mention ur Notice was refered to which cheque??

Adv Mansoor Ahmad,
Did you issue One Notice for all the 3 bounced cheques??
In that case total amt is not recd, so can file NI Complaint, for all three cheques., but one complain, showing above fact..

R.K Nanda (Expert) 05 October 2013
NOTHING TO ADD MORE.

Nadeem Qureshi (Expert) 06 October 2013
agree with experts

Mansoor Ahmad (Querist) 06 October 2013
thank u everybody. I got the answer and rhe case law as well. Supreme Court # Msr Leathers vs S. Palaniappan And Anr, Delhi HC in Maninder Singh Narula vs Pawan Kumar Ralli

thanks again everyone

Guest (Expert) 06 October 2013
u r welcome.

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