138 Notice

 no need for issue of notice again. for balance amount may file complaint u/s 138 of NI Act

hello I do need to issue a notice prior to filing of the case .... Pls. read the post properly .....

payer has paid part of cheque amount and has failed to pay balance as was promised by him .... so to file a case I need to issue the mandatory demand notice within one month from the date of the dishonour .....

hi  you have to file the complaint on the basis of cheque which bounced but at drafting ur complaint you have to mention that after giving notice accused has given a part payment so you are demanding the balance amount

ashutosh(adv)

Ashutosh, I am worried about the contents of the demand notice ...... Do I demand the cheque amount or mention in the demand notice about receipt of the part amount and demand only the balance cheque amount.

Hi

Query of Mr. Dharmesh is part payment received after dishonour of cheque but he has not given notice about dishonour of chq yet, rt?

part payment recd in cash or by chq? any receipt issued? Anyway give notice of dishonour first claiming chq amount in whole as per my opinion. Let us see what frds have to say.

Sukhija

Advocate

Mumbai

hello

With reference to the query i wish to clarify certain points

1.Did we issue a letter or receipt quoting that the part payment made by the payer is towards the cheque amount (with details of the cheque).  - if not nothing to worry about the contents of demand notice.

2. Whether the query is relating to any default of the payer in a personal loan availed from  a financial institution or any transaction which refers to any installments. - if so issue the normal notice and file the compalint r/w S.200 of Cr.P.C stating  that the payer is a willful defaulter and the payment made by him is not towards the particular cheque by submitting the SOA of the payer.

Greetings from Sabarish

With reference to the query i wish to clarify certain points

1.Did we issue a letter or receipt quoting that the part payment made by the payer is towards the cheque amount (with details of the cheque).  - if not nothing to worry about the contents of demand notice.

2. Whether the query is relating to any default of the payer in a personal loan availed from  a financial institution or any transaction which refers to any installments. - if so issue the normal notice and file the compalint r/w S.200 of Cr.P.C stating  that the payer is a willful defaulter and the payment made by him is not towards the particular cheque by submitting before the court the Statment of accounts of the payer.

Sabarish.J, Advocate

Chennai

 You  file complaint u/s 138 of N.I.Act. There no need to issue notice to drawer of cheque,you issued first notice that is valid. You don't worry about  part payment .

FIRST FILE THE CASE BY MENTIONING ALL THE ABOVE, IN FILING THE CHIEF U CAN RELAY ON FACTS U SAID,HOW MUCH HE PAID ANDINTENSIONS DELIBERATLY AVOIDENCE, ETC.,

IN MIDDLE OF TRAIL  IF U  WANTS TOAGREE FOR FULL/PART U CAN ACCEPT AND WITHDRAW COMPLAINT.            IN AP ALL CB NI ACT138 CASES FIRST SENT TO LOKADALATHS ON EVERY SATURDAY FOR COMPROMISE....THEN IT COMES TO EXAMINATION

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE CHEQUE DISHONOUR CASE KINDLY NOTE THAT.

1.YOU MAY ISSUE NOTICE AS PER PROVISIONS OF SECTION 138 OF N.I.ACT. YOU MAY MENTION CHEQUE NUMBER, AMOUNT ,DATE AND NAME OFTHE BANK AND DEMAND THE ENTIRE CHEQUE AMOUNT .YOU SHOULD ALSO MENTION AGAINST WHICH LEGALY ENFORCEABLE DEBT THE SAID CHEQUE WAS ISSUED.IN CASE FULL AMOUNT OF CHEQUE DISHONOURED IS NOT REPAID BY ACCUSED THEN  YOU ALSO FILE A COMPLAINT UNDER SECTION 138 OF N.I.ACT  WITHIN LIMITATION PERIOD OF ONE MONTH FROM THE DATE OF SERVICE OF NOTICE ON ACCUSED FOR RECOVERY OF FULL AMOUNT OF CHEQUE DISHONOURED. KINDLY NOTE THAT YOU ARE ENTITLED FOR AMOUNT OF DISHONOURED CHEQUE AND EQUAL AMOUNT OF CHEQUE AS COMPENSATION .AND ACCUSED CAN BE FINED ALSO.YOU NEED NOT MENTION ANY PART PAYMENT RECEIVED BY YOU IN THE NOTICE. LET THE ACCUSED PROVE AT THE TIME OF HIS DEFENCE.

2.KINDLY NOTE THAT  ACCUSED WILL TRY TO PROVE THAT HE HAS MADE SOME REPAYMENTS  THAT IS TO BE HEARD AFTER THE STATEMENT OF ACCUSED UNDER SECTION 313 IS RECORDED BY THE COURT.YOUR CASE CAN BE ADMITED AND PROCESS WILL BE ISSUED UNDER THE SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT. SUMMONS WILL BE SERVED THROUGH POLICE TO THE ACCUSED .AND REST IS NORMAL PROCEDURE OF THE SAID CASE.

2. YOU NEED NOT MENTION ANY AMOUNT OF REPAYMENT MADE BY THE ACCUSED AS IT IS A MATTER OF EVIDENCE AT THE TIME OF HEARING OF THE CASE.

IN CASE YOU NEED ANY FURTHER INFORMATION KINDLY SEND DETAILS

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI), ADVOCATE.

DEAR NANDAKUMARJI,

BEFORE FILLING THE COMPLAINT COMPLANANT RECEIVED MONEY, I THINK HE SHOULD MENTION THE FACT OTHER WISE DEFENCE ADVOCATE MAY TAKE IT AS CONTRADICTION FACTS, WHICH MAY WEAKEN THE  313,ARGUMENT,WHEN OTHER SIDE TOOK IT AS POINT TO CONVENCE THE COURT.