Redeposit of chqs: section ni 138

Querist : Anonymous (Querist) 15 November 2011 This query is : Resolved
Dear Sirs/Madam,

I had deposited the 2 chq .which was return with remarks Sign differ & other with A/c closed , my advocate has send legal notice under Sec 138, but forgot to file the case in time...

can i redeposit the chq again and can i file the legal case

pl suggest

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ajay sethi (Expert) 15 November 2011
no you cannot redeposit the cheque again if legal notice was issued on account of first dishonour .

file a summary suit for recovery of outstanding dues

Sankaranarayanan (Expert) 15 November 2011
yes mr sethi given good advise. you follow according his suggestion

Rajeev Kumar (Expert) 15 November 2011
Mr.sethi has given adequate advise. so follow his suggesstion

Advocate Bhartesh goyal (Expert) 15 November 2011
After dishonour of cheque,if legal notice to drawer has been issued then cheque can not be dposited in bank for want of cause of action. Only remady available to you is to file a suit for recovery of money either u/o 7 or u/o 37 of C.P.C.

Arvind Sehdev (Expert) 15 November 2011
how much time has passed ?
You can also file for pardoning of the excess time....
As you said it was not your fault... It was of your lawyer's
Go for a new Advocate and file the 138 NI case along with the pardoning application in which you state the reason of the delay being your advocate's fault....

Arvind Sehdev (Expert) 15 November 2011
As per Amendment in 2002, under proviso to section 142 of NI Act, court can take cognizance of the offence even after the prescribed period, if the complainant is able to satisfy that he had sufficient cause for non-filing of the complaint within the such period.
You have a solid ground....

Shonee Kapoor (Expert) 16 November 2011
Agreed with expert opinion.

Regards,

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

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