Section i 138

amolpatekar 04 March 2015

Sorry if amount is paid from one person a account and cheque received in name of person b and cheque bounced , can the person b file case under section 138

Jai Karan Nagwan (consultant) 04 March 2015

Complaint will not sustain.

anjalibhandari 04 March 2015

Yup cheque bouncing case under s138 NIA can be filed by B only in whose favour the cheque was issued. A cannot file the case for bounced cheque issued in favour of B ...Anjali Bhandari Adv. 9717818148

Jai Karan Nagwan (consultant) 04 March 2015

Main ingredient of Section 138 is that cheque should have been issued in discharge of any debt or liability and B received cheque for no consideration, hence B is not creditor, if so complaint by either A or B not sustainable.

(Guest)

Rightly advised by Shri Jai Karan Nagwan.

amolpatekar 05 March 2015

Thanks for the reply . I got 2 types of reply 1) B can file complaint under 138 2) but it will not sustain So is there any way I can retrieve my money How to go about it ? Will it take long time ? Many years ? I don't that fellow want to pay back my money , what legal option I have. Pls advise.

amolpatekar 05 March 2015

Thanks for the reply . I got 2 types of reply 1) B can file complaint under 138 2) but it will not sustain So is there any way I can retrieve my money How to go about it ? Will it take long time ? Many years ? I don't that fellow want to pay back my money , what legal option I have. Pls advise.

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