Can i file ni 138 case
CreateGoodwill
(Querist) 29 March 2012
This query is : Resolved
I have deposited 4.30Lac ....same was return on 10/3/2012
when inform to partner to pay he paid 30K but later not paid can i send NI 138 notice for what amt notice has to be sent
ajay sethi
(Expert) 29 March 2012
the debt due and paybale as on date is Rs 4 lakhs not Rs 4.30 lakhs as accused has made part payment .
ask him to give another cheque for balance amount . if he refuses to do so file summary suit
SAINATH DEVALLA
(Expert) 29 March 2012
Dear Amit,
Post your query in detail.If anyone asks us about Ramayan,your answer should not be "RAMNE SITA KO SHADI KIYA,RAVAN KO MARA AUR AYODHYA KO LOUTAAYA"
Shonee Kapoor
(Expert) 30 March 2012
Its pending amount only.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 30 March 2012
u issue notice for entire amount, show 30k as some other liability.
R Trivedi
(Expert) 30 March 2012
You have 1 months time to send the notice.
1. Did you give any receipt for Rs. 30000/-
2. Did you return the cheque to him ?
3. Did you sign any document at the time of receipt ?
Santosh Goswami,Advocate
(Expert) 31 March 2012
Issue the legal notice for entire amount now.And file the case within 75 days fro the return memo.The legal notice has to be served within 30 days which has lapsed now. You can try. For more you can contact at 919555462995
SANTOSH CHOUDHARY
(Expert) 31 March 2012
If 30K have not been received/given with proof of receipt like cheque/DD/pay order/ or any other form of written receipt, than you may give notice under section 138 NI Act for entire amount within limitation period of 30 days of cheque dishonour knowledge. Even otherwise also, you may give notice under sec-138 NI Act demanding the remianing 4 lacs mentioning the payment already made. The part payment would not effect your case or right of proceeding under section-138 NI Act.