Negotiable Instrument Act Sec138 Dishonour of Cheque
Pawan Patil
(Querist) 09 January 2010
This query is : Resolved
Dear Sir/Madam,
We run hospital in pune one patient had issued cheques towards his outstanding bills.
The said cheques is dishonour & sent notice to patient & give sufficient time to deposit money in account.
However the cheque re deposited in our bank account.& the cheque dishonour again
I am going to suit file against patient u/s 138 of cheque dishonour
Is it possibility to recover the amount?
If yes How much time will take for recovery?
Regards,Choudhari
RAJENDRAN K.M. 09443050520
(Expert) 09 January 2010
Once notice is given to the party ,the party receiving the notice or not after 15 days u can file a case against that person.After giving the legal notice 2nd time collection of cheque and notice is not valid in criminal law.U can file a suit in civil courts and recoverd ur money in that party.
B K Raghavendra Rao
(Expert) 09 January 2010
You have issued notice and given sufficient time. Based on this notice, you may file a complaint in a Magistrate's Court, only if the following conditions are fulfilled:
1. Such notice should have been given within one month from the date of dishonour of cheque.
2. 45 days (15 days time allowed for payment of cheque amount + 30 days for filing the filing complaint) should not have elapsed before filing such complaint.
Please note that you are not filing complaint under Section 138 of Negotiable Instruments Act for recovery of money. It is only for punishment to the accused.
You cannot file complaint under Section 138 for recovery of money.
If you want to file suit for money recovery, you should file a money recovery suit in civil court within three years from the date of amount due.
Sachin Bhatia
(Expert) 09 January 2010
You can file recovery suit, Yes it is possibility to recover the amount. There is no time limit for disposal of suit.
K.C.Suresh
(Expert) 10 January 2010
YOU WILL GET THE MONEY BUT IN DUE TIME OF COURT PROCEEDINGS.
Adinath@Avinash Patil
(Expert) 23 January 2010
For recovery of cheque only remedy to file civil suit against drawer of cheque.
N.I.Act section 138 is for punishment.
In your case you have issued two noticec to drawer of cheque,if first notice received by drawer of cheque and receipt of said first notice drawer has not paid cheque amount within 15 days you can file complaint u/s 138 of N.I.Act within 30 days from the date of recipt of notice.second notice is not valid.
