Statutory notice under sec.138 niact
Querist :
Anonymous
(Querist) 02 May 2018
This query is : Resolved
Sir, I got a cheque on 30.12.2017, and it was dishonoured with a return memo on 28.02.2018, I issued statutory notice on 27.03.2018, but with one digit wrong cheque number.
The thing is I have no limitation to present the cheque again before the bank, to create a fresh cause of action, as 3 month time is finished. but the Cheque number mentioned in the legal notice is wrong. so what can I really do to proceed criminally and not by way of filing money suit?
I found something called "correction notice," if it is available, what is the limitation to send a Correction notice to the accused?
What if I take a defence that the notice is not the one I sent? by submitting a corrected office copy of legal notice?
KISHAN DUTT KALASKAR
(Expert) 02 May 2018
Dear Sir,
You can issue additional notice/Correction Notice. It is fact, even if the notice prints some mistake it does not comes into way of filing complaint. Any way send a second correction notice and then file a complaint it will be valid. Even Court orders are liable for corrections after its pronouncement. It is clerical mistake and a bonafide mistake. Send one SMS and Watts up of Cheque to him. You are not improving your case by such second notice.
R.Ramachandran
(Expert) 03 May 2018
Frankly, you have now totally lost the chance to lodge a complaint u/s. 138 N.I. Act. No corrective action is possible.
You have no other go than to file a summary suit under order 37 CPC for recovery of money.
rajeev sharma
(Expert) 03 May 2018
you have lost the legal remedy in NI Act on two counts ( i. ) You cheque is time barred and you may not present it again .(ii) you have not files the complaint within the limitation period. So best remedy is to file a summary suit to recover money.
Guest
(Expert) 03 May 2018
Seemingly, an imaginary academic query of an anonymous person.
T. Kalaiselvan, Advocate
(Expert) 03 May 2018
You have noticed the mistake after sending it, hence for rectifying the same you could have issued a rejoinder notice to the party by mentioning the correct cheque number immediately so that the original notice is also within the limitation and the mistake in the original notice is also rectified.
But since there is an error only in the number i.e., one number is missing by oversight, you may mention the same in the pleadings of the main petition.
Have you filed the case under section 138 NI act or not?
Querist :
Anonymous
(Querist) 03 May 2018
Yes I have filed the Private Complaint, but with correct cheque number
T. Kalaiselvan, Advocate
(Expert) 03 May 2018
Have you mentioned the error that reflected in the notice, even otherwise, there is no issue if you have already filed the cheque bounce case within time
BAALASUBRAMANNYAMM
(Expert) 04 May 2018
You have sent a statutory notice with wrongly mentioned cheque number. You have filed a case u/s 138 of NI Act.While pending the said case, you should not again sent a "Correction Notice". Your opposite party may take such a plea, which is a technical one.
Guest
(Expert) 04 May 2018
Seemingly, yours is merely an academic query to extract answer to that query. However, if the case pertains to real problem, you should forget about filing a CRIMINAL case based on section 138, as against your desire. In fact, based on your description of the problem, more or less you have already lost a case while being at your own hand.
Guest
(Expert) 04 May 2018
Unfit for a criminal case. If interested in recovery of the amount due to you, think about suit for summary trial.
Querist :
Anonymous
(Querist) 04 May 2018
Dear JGYASU, of course its a real one, and i am a junior advocate.
Guest
(Expert) 04 May 2018
If you are a junior advocate, where was the need for a junior advocate to remain anonymous and for what specific purpose?
Also, why you want to file only a criminal case against the offender, when you have already acted very carelessly while serving even a notice u/s 138?
