Aarif 05 November 2017
Adv. Aditya (Litigator GROSON ADVISORS) 05 November 2017
S 138 will not help you here. File a civil suit.
Ritu rawat 06 November 2017
Ritu rawat 06 November 2017
Aarif 12 November 2017
Ritu rawat 14 November 2017
Aarif 16 November 2017
Adv. Aditya (Litigator GROSON ADVISORS) 17 November 2017
cheque drawn to discharge specific liability has amount specified on it. If you had not received 20Lakhs then the outstanding amount remaining entire amount would be covered under 138, but since you have received part payment, the amount specified on the cheque has been left reduntant, in such circumstance bank cannot proceed.
Take for instance, the drawer himself directed the bank that a certain person may appear before you with a cheque of 32Lakhs, don't make such payment as some part of cheque amount has been paid through cash. In such circumstances the value of that specific cheque has fallen down to redundancy, and a new cheque of the current outstanding liability shall be drawn and so obtained by you.
what is the reason given by bank for dishonour?
File a civil suit for recovery of the remaining amount. 138 cannot help you. you will waste your and courts time.
Topic suggests legality of notice, but rather you should be asking legality of cheque presented. You have no cheque to base your 138 on. There is an outstanding amount against the respondent but 138 is not the way to it.
rajasekaran (director) 19 November 2017
In 138 NI Act case when the Housing Finance Company evades the notice in 1991 and signatories of the cheque are proceeded with in 1994, can the signatoires of the cheque be aquitted in 1997 because the charges on the company was not pressed as if company was not arrayed as accused ?
In appeal against aqquital u/s 378 of Crpc can a defence following Aneeta Hada v. Godfather Travels & Tours Private Limited, (2012) 5 SCC 661 be taken that charges against company was not pressed?
The Housing company has surfaced and many have succeded in consumer forums as in Jugmandar Dass Bansal V/S M/S Tapoban Housing Finance Ltd. ,R. Udaya Kumar vs M/s. Tapoban Housing Finance Limited, New Delhi,etc
Vikas Hedau (Advocate) 21 November 2017
Now civil suit will also wont help you as now its barred by limitation as it was instance of november 2011 as per you and limitation is 3 years of cause of action for money suit, forget 12 lakh