suryagaurav (manager) 12 April 2011
sir,
I have made a rough reply of s.145(2) NI act application.
I am confused whether I should give affidavit for my replies or what is the proper format for it.
should I need to attach some documenatry support for my contentions, accused has not attached any docs. i am from the part of complainant
please help.
thanx
adv. rajeev ( rajoo ) (practicing advocate) 12 April 2011
wht reply?
Lalitha R (ADVOCATE) 13 April 2011
The complainant may give his evidence on affidavits under s.145 NI Act.But on application of the prosecution or the accussed person the court may order examination of the person who has deposed on affidavit.
Deepak Agrawal (associate) 13 April 2011
Application under S.145(2) under NI Act ought to disclose defense of accused to cross examine the complainant. Reply to the same may not be required. However if the application discloses something contrary to record the complainant may file reply to the application. Affidavit is not required
prasanta kumar parida (sr. consultant) 27 April 2011
IN CASE THE CHEQUE IS DISHONOURED, FIRST OF ALL YOU WILL HAVE TO SEND STATUTORY NOTICE U/S138 OF N.I.ACT WITHIN A PERIOD OF 30 DAYS FROM THE DATE OF RECIEVING BOUNCING INFORMATION GIVING 15 DAYS TIME TO THE DRAQWER OF THE CHEQUE TO REFUND THE CHEQUE AMOUNT FROM THE DATE OF ACKNOWLEDGING YOUR DEMAND NOTICE. IF YOUR DEMAND NOTICE IS DULY ACKNOWOLEDGED BUT NO REFUND IS MADE YOU WILL HAVE TO FILE A COMPLAINT CASE ENCLOSING THE BOUNCED CHEQUE, DISHONOUR INTIMATION,COPY OF DEMAND NOTICE AND DOCUMENT IN PROOF OF ACKNOWLEDGEMENT OF YOUR DEMAND NOTICE.
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