U/s 138

Querist : Anonymous (Querist) 10 August 2011 This query is : Resolved
can we sue u/s 138 on personal basis if i advance loan to one of my freind & the time of return it he bounce the cheque then can we file 138 on him. or we should have finnacial insitution for filing 138.
pls help me ASAP

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ajay sethi (Expert) 10 August 2011
yes you can file complaint under section 138 of NI act if you have advanced a friendly loan to your friend and his cheque bounces.
however i presume you are not a moneylender and you are not in business of giving loans

Raj Kumar Makkad (Expert) 10 August 2011
You are asking all hypothetical questions. Neither have you advance any loan, not any cheque has been issued in your favour against re-payment, nor that cheque has been bounced, nor have you sent him a notice and nor he denied to make payment within 15 days of notice the entire payment of amount of cheque. So in the given circumstances, you cannot file any case. First fulfil all conditions I mentioned then file complaint individually.

Ravikant Soni (Expert) 10 August 2011
follow as advised by makkad sir.

M/s. Y-not legal services (Expert) 10 August 2011
Yes. Am also agree with makkad sir. Dishonour of cheque is not an offence. You have to issue notice with 15 days time for repay your cheque amount. If he failed mean then only offence will made out under n.i act.

kuldeep kumar (Expert) 11 August 2011
dear tom u always leave comment when lion is killed

M/s. Y-not legal services (Expert) 12 August 2011
Is it? Then you not watch me while i hunt. Or just wait until i hunt it.. This week fully am some busy. So unable to view querys and give reply as a first. Just watching querys while am free. Got you?

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