Chq amt is excess
CreateGoodwill
(Querist) 12 November 2011
This query is : Resolved
I have sold material worth Rs.7.50L of HYd customer they given us chq for 9L
This chq got return
now partner is not chanceing the Chq not responding
can I file NI138 case against our overdue for Rs.7.50Lacs against chq return of of 9L
how should i proceed here
R/Amit
ajay sethi
(Expert) 12 November 2011
no you cannot file complaint under section 138 for cheque dishonour . the total outstanding dues are only 7.5 lakhs . cheque amount is in excess . you can file summary suit for recovery of your outstanding dues
Nadeem Qureshi
(Expert) 12 November 2011
Dear Amit
can you proved that the liablity is Rs. 9 lac? only this situation you can filed 138 NI Act case.
Piyush Vaishnava
(Expert) 12 November 2011
if you prove that they are liable for 9 lac, so you can file complaint u/s 138 NIA.
Sankaranarayanan
(Expert) 12 November 2011
only what amount been written in the instrument of cheque , the value of amount is claimable. But your case is little controversy .so you can file a suit as advised by mr sethi .
Advocate M.Bhadra
(Expert) 12 November 2011
It is does not matter of your outstanding or actual bill,you can send a legal notice and file a case u/sec.138 N.I.Act in Magistrate Court, because the cheque is bounced or you can file a simple money suit in Civil Court,but best option is N.I.Act
Ajay Bansal
(Expert) 12 November 2011
I think matter can be brought under perview of 138 N.I. Act.
prabhakar singh
(Expert) 12 November 2011
Those advising for 138 know even lesser than you know your self,they or omitting to read the foregoing words used in the section "for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid,"
Shonee Kapoor
(Expert) 12 November 2011
:-)
138 is applicable. Go for it.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
