I had undergone a settlement though which I deposited a cheque of 5lacs. It got dishonoured under insufficient funds. Can I file a complaint under section 138?
gau (jssjs) 04 March 2014
I had undergone a settlement though which I deposited a cheque of 5lacs. It got dishonoured under insufficient funds. Can I file a complaint under section 138?
ATUL KUMAR (ADVOCATE) 04 March 2014
Yes you can file complaint under section 138.
First you have to serve a legal notice/demand letter. You may file suit under section 138 of Negotiable Instrument Act, If you don't get satisfactory response within 30 days.
gau (jssjs) 05 March 2014
LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 05 March 2014
Yes you have been correctly told that settlement cheque is not criminal liability and no action u/s 138, only civil case can be filed.
brijesh (manamger) 05 March 2014
Dear All
Please help me to now from where we can get the AGE OF THE INK tested. one of my cheque is misused. it was signed 8 years ago, lying somewhere in our files which now has been misused by our ex-employee by filling the account name, amount and date of 2013, court has stated its proceedings, but we need to have the ink tested for its AGE.
is there any forensic lab, which can do this.
gau (jssjs) 05 March 2014
gau (jssjs) 05 March 2014
gau (jssjs) 05 March 2014
gau (jssjs) 05 March 2014
T. Kalaiselvan, Advocate (Advocate) 07 March 2014
@ Brijesh: if the case is under trial in the court, you may seek expert's opinion by filing a petition u/s 45 of Indian Evidence act to get an opinion about the age of ink.
@gau: since the settlement is not legally liable debt, a case under section 138 may not be maintainable.
Uday Kumar (Lawyer) 06 May 2014
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