UrGeNT 138 HELP REQUIRED

First of all, whether there was a legal liability/ obligation for issuance of the cheque, secondly, wether sufficient balance in the account, next, whether can a dispute be made out in the original transaction for questionig the obligation? Your answer lies in these matters.

hello,

complaint is maintainable, even though you got issued not to present. and it is a question of fact is to be adjudicated during the course of trial.

vr

Your question has been answered most adequately byMr Vinjamuri Ranga Babu.

Your complaint is maintainable, even though you got notice no to present cheque, Question regsrding legally executable liability you can prove at trial of case by adducing evidence.

some dispute is must in original transaction done with him, if dispute is there, you will have to prove your case in evidence stage and there must be sufficiant balance in your account while the cheque is returned unpaid.if all the above mentioned is there kindly refer to recent judgment of hon s c case number 913/2009.

hi,

first of all your query is not clear, but, as per your reauest i can say that mere issuing of reply doesn't give a right to defense, but you have to prove the same which was mentioned in your reply for defending you. So, until and unless full details are furnished, it is not possible to  give proper and better advise.

vr 

 In the case of NI 138,we done settelment in 6 installmet we paid only one and corts next date is coming. what is remedy.we have not mony to pay to bank now.Please guide us.Thanks

You pray  for some more time for deposing installment amount by filing application in said matter .

this a case of stop payment order. therefore a clear violation of sec 138. and hence case is made out.

INcase of stop payment made by drawer is made out primefacie case to the complainant it is burden shifted to the accued why he stop the payment

Ur case is not maintainable because which reason mentioned in the notice?U know the bankers cheque return memo details?.This type of cases not entertain by courts.

Sir,

The cheque should be given in partial/full discharge of legal liability.Further the said cheque should be presented within 6 month's and dishonored by the bank on which it is drawn due to insufficiency of funds/ exceeding arragement/account closed/stop payment without notice and this should be mentioned in the return memo. On receipt of return memo a notice within a 30 days should go to the drawee to pay up the cheque amount within 15 days of receipt of notice. If not,  a complaint can be filed for non-payment in the court having juridiction of the place of the bank which dishonored the cheque within a month. No cause of action lies if cheque was again presented after issue of notice.

Sreekumar