case u/s 138 NI Act

Advocate Yogendar Dagar, You please send a legal notice to the drawer mentioning that the cheque has been bounced and claim the amount of the cheque within 15 days.  If you do not receive the amount within the stipulated time, you can prefer case under 138 NI Act, before JMFC.  ddkharpudikar@indiatimes.com

 15 days or 30 days?

 Bank's certificate has no value. The original cheque must be produced. The drawer can legitimately claim that it is a conspiracy between the bank and the payee. Where is the cheque, where is the signature and proof?

without original instrumetn the process can not be issued by Magistrate,??

but the mistake committed by travel/courier/post can not be held the responsibility for beneficiary.pl.

hence banks is liable to pay. with 2% min interest, with in 30-90 days maxm. should be law of justice.

Hope will agree for.

gdgupta10@rediffmail.com

In your case section 138 of N.I.Act not attracted .you can file complaint under section 420 of I.P.C. against cheque drower& concerned bank.

 File a case in consumer court for deficiency of service by the bank and claim the amount plus compensation for causing mental agony, harassment, loss of funds.

A cheque issuence by Registered company,[ incorporated - under ROC], against some dues, bills, etc,   IS as  a prortion of admitted liability, as a part payment ; issued PAYMENT.

IT IS AN ADMITTED LIABILITY UN DISPUTED.

Can it be disputed under any circumstances/ if so under which law, rule, and  a Registred company managed under Board/s of directors, can make scape route to avoid punishments.

please  respond.

There is no cheque. There is no case either under Sec.420 or under Sec.138 NI Act. It is immaterial that the cheque was deposited and lost in the bank. Bank's certificate is no more than a piece of scrap of paper. What will you confront the drawer with?

 Why can't it be an advance payment for a contract or work yet to be fulfilled? How will you prove that the payment was due to you under some agreement/contract?

In my opinion you can file comlaint under section 420 of I.p.c.  The certificates are not scrap papers,you can prove it by leading other evidence.Court can issue process.Hence I M not agree with Mr. Anil Agrawal

I agree with Mr. Adinath.

Sir,  I am a common citizen,engineer by profession;                             if    common sense is applied,                                                   the certificate is a valid intrument issued by third party  who can be / shall be respondent/party,                                                 has valid weight as certificate issued by bank,

 Irrespective scheduled/nationalised/or else.

Hope my views are acceptable in the laws.

 gdgupta10@rediffmail.com

In above contest i agree with Opinion frramed   by  Mr Adinath Adv.

 Mr Anil Agrawal , I do not agree with you pls.

Yr advise is not right.pls.

common application of mind will not accept when the jc are highly intellegent.ok.