N.i.act

amit (Querist) 30 October 2011 This query is : Resolved
Dear Sir,
Can we claim in N.I. Act Notice to a party, damages and compensation or special damages of Contract Act, in the same notice or we have to file a seperate suit for the same?

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Nadeem Qureshi (Expert) 30 October 2011
Dear amit
you can not demand any other relief in your NOtice U/S 138 NI Act. file the seperate suit for the same.

Krishnamurthy Ramdas Iyer (Expert) 30 October 2011
for damages file Civil suit

prabhakar singh (Expert) 30 October 2011
NI Act is about offence based on bounced cheque but not about any thing else.Damages can be claimed only through civil suit.

ajay sethi (Expert) 30 October 2011
no you cannot claim damages and compensation in 138 NI act

Arun Kumar Bhagat (Expert) 30 October 2011
In Notice u/s 138(B)you can not claim more or less amount than the cheque amount.

R.Ramachandran (Expert) 31 October 2011
Thank God, you asked. Considering that this query is coming from a lawyer, now I am not surprised that one of my friends who filed a case against her husband for dishonour of cheque, even asked for divorce, maintenance under section 125 Cr.PC in the same complaint under Section 138 N.I. Act!!!

Shailesh Kumar Shah (Expert) 31 October 2011
agree with all ! can't demand under 138. File separate suit.

Shonee Kapoor (Expert) 01 November 2011
:-)

NI Act has specific purpose. Don't mix other issues with the same.

Regards,

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

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