Sec 138 n.i.act
MANOJ HARIT
(Querist) 04 August 2013
This query is : Resolved
Respected Experts,
A complaint was filed after dishonor of cheque and issue, service & non payment within the period of limitation.
The cheque was redeposited after issue of Notice & bounced again. But the complaint has been filed based on the 1st Notice.
Kindly provide a citation holding that such redeposit shall not have any effect where no second notice has been issued. And the complaint is maintainable.
Regards,
Manoj Harit
ajay sethi
(Expert) 04 August 2013
the offence has been committed when cheque was dishonoured on first occasion notice issued and payment not received within 15 days of notice . hence complaint is maintainable .
you don't need citations for the said issue . why you complicate matters by re depositing cheque is a mystery
V R SHROFF
(Expert) 04 August 2013
citation not needed.
Process issued as per Law.
redepositing chq does not disqualify Complaint, as notice was sent for 1st rtd chq.
If 2nd deposition was honoured, accused can inform the court, claiming settlement in Lok Adalat.
MANOJ HARIT
(Querist) 04 August 2013
Thanks to the experts. Sethi Sir, The cheque was redeposited for the second time by inadvertence of the complainant. In fact there were 3 more cheques & this cheque was redeposited along with the other cheques. The Hon. Magistrate wanted to a citation on the issue before issuing summons.
Thanks,
Regards,
Manoj Harit
ajay sethi
(Expert) 04 August 2013
you don't need a citation . draw the attention of court to provisions of section 138 of NI act . as a matter of abundant caution also file a summary suit
