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OldWine007 (Service)     25 June 2012

After giving lawyer's notice u/s 138, drawer wants some time

After giving Lawyer's Notice to pay within 15 days, if the drawer of cheque wants some more time to repay the amount, how to give him some more time legally so that he can not make the case time barred and escape?

The drawer is ready to sign a written commitment to pay within one/two months.

Please help .



Learning

 6 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     25 June 2012

It will be time barred so take a fresh cheque.

N.K.Assumi (Advocate)     25 June 2012

The b est course is given by Solve Problem though you shopld xonsult your lawyer who served the Notice.


(Guest)

Even though you provide time to the drawer of cheque for making payment that won't serve the purpose. Notice once issued you have to initiate proceedings u/s 138 of N I Act, failure to do so you will have to get the delay condoned as you stated rightly. However, if the drawer of cheque doesnt pay the money despite enhanced time provided, you are back to square one. Thus, if the drawer is willing to pay, he can pay the same even when you have initiated proceedings u/s 138 of N I Act. Thus, if the drawer is genuinely interested, ask him to edorse and tell him he can arrange the money despite pendency of the proceedings (which you file within stipulated time) and make him understand you won't pursue the same once the payment is done.

1 Like

Vipin Kumar Marya (Advocate)     26 June 2012

If you are ready to give time to drawer then take a fresh cheque/s of settlement amount and signed the MOU in this regard while mentioning the same with proper witnesses

A.V.Pattanashetti. (Advocate)     26 June 2012

CALL ME I WILL TELL YOU 09448035651. A.V.PATTANASHETTI ADV


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