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prahlad singh (Accountant)     31 October 2009

Cheque bounce

I have purchased some material from vender and with condition of 10% garantee agt. faulty material for a certain perio.Vendor has been issued cheque of 10% value. In certain period material found faulty and i have deposited cheque in our a/c agt. gaurantee.But cheque is bounsed.Our banker has written reason for stop payment.

Can i filled case U/S 138 of Negotial Instrument Act.

Pl. advise.



 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     31 October 2009

Definitely You are entitled to file a criminal complaint under section 138 NI Act but do fast. Imediately serve a notice to him and demand amount of cheque and failing which proceed further within limitation.

Dr.Anjani Kumar Vaidyasen,09431271130,Patna (Corporate affairs Taxation and Law Consultants Advocate)     31 October 2009

Yes, a criminal case can be filed against the vendor u/s 138 of NIAct along with 420 of IPC in the court of CJM but here I find some term & condition between the parties and also the relation of principal and agent Ithink,and what ever the reason I cannot understand so firstly you must take legal advice from the senior lawyers with submission of all documents you have there after take any legal action against the vendor.


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