Section ni138
CreateGoodwill
(Querist) 28 December 2011
This query is : Resolved
I have deposited chq for Rs.900000/-
same was returned unpaid
then the partner paid Rs.100000/-
later he refused to pay balance 800000/-
can i send NI138 notice for this ( as 1 month has not passed from the date of chq return)
R.Ramachandran
(Expert) 28 December 2011
Dear Mr.
Did he pay the amount of Rs. 1 lakh by cash or cheque?
If it was through cheque, did you encash the said cheque for Rs. 1 lakh?
Was there any covering letter saying that this is in part payment out of the due of Rs. 9 lakhs?
Is there any other transaction between the two of you for which you can show the amount of Rs. 1 lakh?
sharad raghav - 9990549475
(Expert) 28 December 2011
if the cheque returned by banker with an endorsement that there is insuffcient funds in a/c etc then only you have one months time otherwise not. if the situation is like above stated by ramachandran then batter to follow him..
CreateGoodwill
(Querist) 28 December 2011
Dear Mr Ramchandra,
1. Amt paid by Chq after 2 days of chq return
2.chq has been encashed and Credit received for 1Lac
3.when we visited the partner shop he has given 1L chq no covering letter was there / nor anything in writing that this is the part of 9Lacs chq return
4. no transaction has taken place during this period for 1L
Advocate M.Bhadra
(Expert) 28 December 2011
You should send a notice for the amount of Rs.900000/-(cheque bounce)and file a case u/sec.138 N.I.Act in Magistrate Court.
CreateGoodwill
(Querist) 28 December 2011
Dear Mr.Bhadra,
in NI 138 notice i have to mention chq return for Rs.9,00,000/-
and received 1,00,000/- & call upto pay 8,00,000/- within 15 days or will go for legal remindies
CreateGoodwill
(Querist) 28 December 2011
can we any such judgement for such case
Nadeem Qureshi
(Expert) 28 December 2011
Dear Amit
send a legal notice to him for a mount of Rs. 900000/- and not for 800000/- if you have mentioned in your notice that you have been received 1 Lac Rupees and the balance amount is Rs. 800000/- then you can not file a compalint under section 138 NI Act. if you had done that then you have only one option to recover your money , you can file a Civil suit for recovery before civil judge.
feel free to call
vasant kulkarni
(Expert) 29 December 2011
138 CASE IS SOLELY BASED ON RETURN OF UNPAID CHEQUE DUE WANT OF SUFFICIENT BALANCE.THEREFORE YOU MUST ISSUE NOTE FOR AMOUNT MENTIONED IN THE CHEQUE.IT IS FOR THE ACCUSED TO SHOW THAT SOME AOUNT IS REFUNDED.COURT WILL SOLEY DEPEND ON WHETHER HE HAS TAKEN MONEY FROM YOU AND FOR REPAYING THIS MOENY THIS QHEQUE IS ISSUED.OTHER THINGS ARE IRRELEVANT.EVEN IF YOU RECEIVE THE ENTIRE MONEY BACK AFTER FILING 138,STILL THE CASE WILL STAND.
Advocate. Arunagiri
(Expert) 29 December 2011
With the cheque for Rs.900,000/-, you can not proceed with criminal case, even if that cheque bounces when represent the same. Because the liability is only Rs.800,0000/-.
You can consult lawyer who is familiar in cheque return cases, he will guide you properly.
Dr J C Vashista
(Expert) 30 December 2011
Since the partner has already paid cheque amount, your complaint u/s 138 is not maitainable.
However, if you want to take a chance/experiment/adventure send legal notice mentioning cheque amount, insufficient funds etc. as advised by your counsel.
RAJU O.F.,
(Expert) 30 December 2011
Immediately send Notice demanding cheque amount of Rs.9,00,000/- and later file complaint under S.138. The cheque for Rs.1 lakh may be treated as separate transaction, as the said cheque is of a later date.
Shonee Kapoor
(Expert) 02 January 2012
nothing more to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 02 January 2012
Minans:You should send a notice for the amount of Rs.900000/-(cheque bounce)and file a case u/sec.138 N.I.Act in Magistrate Court.
Raju: Immediately send Notice demanding cheque amount of Rs.9,00,000/- and later file complaint under S.138. The cheque for Rs.1 lakh may be treated as separate transaction, as the said cheque is of a later date.
Their suggestion are correct.
Act as advised.
Notice must state the fact of liability of Rs. 10,000,00/- , whereby you paid rs. 9L as part payment of your liability by this cheque. You will get benefit of proving total liability, if he show payment of 1L.
It is not taking chance, it improved your chance to succeed.It favors you.
Check the cheque nO. follow your 9L or 1L & date. URGENTLY ISSUE NOTICE AT TRUE AND CORRECT ADDRESS BY REGD POST+ SPEED POST+ COURIER & IF POSSIBLE, BY HAND DELIVERY ALSO.
Adv Shroff
02-01-2012
V R SHROFF
(Expert) 26 February 2012
Amit, if you demanded 9 Lakh for rebounced cheque, sending Legal Notice , and not paid up, you must file Complain within a month to Cr Court.
