Section 138 of ni act
Suresh Babu Rai
(Querist) 24 June 2012
This query is : Resolved
Dear Brother Advocates !
I am defending a complaint filed under Sec. 138 of NI Act. In fact the my client/sole Accused did not approached me when he was issued the legal notice and did not replied for the same.On receipt of summons he approached me. The complainant has filed his Chief examination by way of affidavit and the cheque and related are marked as Ex P1 to P5 in support of his claim. I have examined the cheuqe issued by client thoroughly and it is revealed that the cheque was already deposited to the credit of complainants account for realization, due to the funds insufficient the same was bounced and the complainant was issued with memo, cheque return memo stating that the funds are insufficient in the account of the accused with his banker on 14.12.2010. But the complainant has failed to issue any notice to that effect. Again the accused has presented the said same cheque in to his account and got bounced for the purpose of fresh memo and all on 28.03.2011. The complainant did not mentioned the previous presentation of cheeque in to the Bank and has taken the cause of action on 28.03.2011 i.e sub-sequent presentation. I have evidence for previous presentation of cheque. What will be the consequences of my case.
Thank you one and all.
yours sincerely.
Brother-Advocate.
ajay sethi
(Expert) 24 June 2012
it is not necessary that after first dishonour legal notice is to be issued . complainant can present cheque again and if it is dishonoutred issued legal notice on account of dsihonour .
Advocate Bhartesh goyal
(Expert) 24 June 2012
Cheque can be presented so many times for collection of it's amount in bank in it's validity period but once when notice issued to drawer on dishonour of cheque then by subsequently presentation of cheque for it's collection in bank cause of action to file complaint does not arise.
SAINATH DEVALLA
(Expert) 26 June 2012
Issue of notice for cheque dishonoured once is obligatory but not mandatory.Hence the date on which it was dishonored for the second time is taken into cognizance.(28/03/2011).Let us keep the presentation aspect aside,what are the contents of the complaint,can you please specify?
yusufkhan
(Expert) 30 June 2012
THAT IS NON OF YOUR EVIDENCE OF AGAIN PRESENTATION OF CHEQUE COMPLAINANT HAVE A RIGHT TO DEPOSITED THE CHEQUE ANY TIME WITHIN 6MOONTHS. YOU NOT MENTION IN YOUR QUERY WHAT IS TRANSACTION IN YOUR CASE.
Sudhir Kumar, Advocate
(Expert) 25 June 2012
