Notice under The Negotiable Instruments Act.
allurisivajiraju
(Querist) 13 October 2008
This query is : Resolved
Respected Seniors,
Mr. 'A' Received one cheque from Mr 'B' towards part payment of the promissory Note debt. Later Mr. 'A' presented the said cheque for collection where he is having accourt for five times in different dates with in 6 months from the date of the cheque. Each and every occassion the said cheque was returned with an endorsement 'Insufficient Funds' in the account of Mr. 'B'. Now Mr. 'A' ready to issue notice under N.I.Act to Mr.'B'.
In the above circumstances is it required to mention in the said notice about earlier presentations of cheque or it is sufficient to mention last presentation of cheque. If it is necessary to mention about previous presentations in the notice, whether the entire documents ( i.e. earlier Presentation slips and return memoes except last presentation ) are necessary to be file in the comoplaint or not.
Please advise me as early as possible. Thanking You Sir.
H. S. Thukral
(Expert) 13 October 2008
Only the last dishonour should be pleaded and last return memo of the bank should suffice in evidence.
Kiran Kumar
(Expert) 13 October 2008
Mr. Thukral is absolutely correct....last dishonour is sufficient enough to be pleaded to procure conviction.
though u may mention about the earlier dishonours of the same cheque to show the conduct of the accused.
Jithendra.H.J
(Expert) 13 October 2008
Dear allurisivajiraju.
PLZ
refer 1) ILR 1997 Kar 1014
2) 1995 Cri LJ 715 (Kar)
3) 1998 Cri LJ 1680(Kar)
Adv.Shine Thomas
(Expert) 14 October 2008
As A did not issued notice of earlier dishonours now can issue notice stating about the last dishonour only. Should not say anything in the notice about the previous dishonoures. But at the time of filing the complaint narrate as the complainant presented the cheque earlier few times but not informed the B as money was not necessary to A at that time. But now A wanted the money and hence informed B about the dishonour, but B failed to pay the cheque amount and hence he is liable to be convicted. Understand that every dishonour has been noted in the back side of the cheque and particulars are there in the Bamk.
Shyam Ji Srivastava
(Expert) 14 October 2008
Dear,
As per my knowledge if the cheque submitted twicw for payment, you can not file case under section 138 N.I.Act
sanjay kumar patibandla
(Expert) 14 October 2008
I agree with Mr. kiran kumar. Better mention the previous presentations in the notice and better to file documents also
