Notice u/s. 138 of Negotiable Instrument Act
Himanshu
(Querist) 15 April 2010
This query is : Resolved
One party has given cheque to us in January 2010 for Rs.100000/- which was dishonoured but no notice was sent u/s. 138. In February 2010 that party has paid Rs.30000/- by cheque which got cleared. Now total outstanding amount is Rs.70000/- for which party is not making payment. The cheque of Rs.100000/- which was given in January 2010 was with us. We have re-deposited same in March 2010 and it was again dishonoured. Can we send notice u/s. 138 and claim for Rs.70000/- which is actual outstanding amount as on today.
Please advice.
Raj Kumar Makkad
(Expert) 15 April 2010
Yes. You can send notice this time and after the expiry of 15 days of receipt of notice, file criminal complaint under section 138 NI act. This is maintainable. So far as paying Rs. 30,000/- is concerned, let him clarify during the trial but start your action.
mahendra rai jain
(Expert) 15 April 2010
yes you can give notice for reamaining 70000/- Rs.
Guest
(Expert) 15 April 2010
You cannot claim whole of the cheque amount since a part of it is already received by you. In case the accused has a balance of Rs.70,000/- in his bank account but the cheque of Rs.1,00,000/- is returned for want of sufficient funds, how you can make him liable for Rs.1,00,000/- when there is a legal due of only Rs.70,000/-? I feel you cannot use the cheque at all.
