Cheque bounce case.
pushpakrishna
(Querist) 25 June 2013
This query is : Resolved
Dear Experts,
a person borrowed an amount of Rs.45000/- from me and given a cheque which was bounced from the bank due to FUNDS INSUFFICIENT i received information from the bank SAY 10th march.issued notice on12th march.the person received notice on 17th march.but i did not filed a case u/s 138 of ni act on or before 30 th april due to medical grounds.is it possible for me to file a case u/s 138 of ni act if so under what provision of law kindly advice.
Advocate M.Bhadra
(Expert) 25 June 2013
Your last date was 17th April to file a case,so you can not file a case u/sec.138 N.I.Act.But you can file a case u/sec.200 Cr.P.C. as a private complaint after charging with sec.420 and 406 IPC. To that effect you should lodge a diary to the Police before filing of the case.For other alternative relief you can also file a case u/sec.156(3) Cr.P.C.if Court would consider the same.
Raj Kumar Makkad
(Expert) 25 June 2013
138 NI Case cannot be filed now but you can file recovery suit as well as criminal complaint as suggested above.
Nadeem Qureshi
(Expert) 26 June 2013
Dear Querist
as per you information he received legal notice on 17th of March then the cause of action will be start after 15 days it means from 2nd of April and you could filed the case within one month/ 1st of May as per the section 138 of NI Act.
now you can file a civil suit for recovery only. you complaint can not be entertain u/s 200 or 156 (3) of Cr.PC
Feel Free to call
Nadeem Qureshi (Advocate)
Chember No. D-720, Lawyers Chembers,
Karkardooma Court, Delhi
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