Wrote on 18 May 2013
tough the article is so helpful their are meagre mistakes at some places like
A. notice shall be issued within 30 days not in 15 days it shall be noted that both days to be calculated means intimation of cheque bounce and the day on which notice is being sent.
B. complaint case should have been filed within one month so if the month is 28 days then the limitation is of 28 days, however, day of notice period expires is excluded from counting.
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Wrote on 18 May 2013
@ Dinesh Dave. you may wait for 45 days and present the same again after 45 days. previously doing this will not made out a case but recently A Judgment of Supreme Court permit the same but please note down that the cheque shall be presented again within 3 month of date mentioned on it. so my advice is to wait for 45 days and if these 45 days expires after 3 months from cheque date then then file complaint as soon as possible
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Wrote on 03 May 2013
Accused recived notice of dishonour of cheque, he accept to pay the amount but have time of 45 days, due heavy lossess in the business, what to do now is the reply of notice to accept and demand of time of 45 days is correct
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Wrote on 28 April 2013
sir, nice to follow u r guide lines. but I request u to forward if u have any sample of questions in this subject in respect of both sides. For my experience, to follow ur directions.
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Wrote on 01 February 2013
hi ! sir ,
I m 28 year old .one of my x-friend put a case
on me of section 138 .of rs 9 lac. two year
year back i was give him 2 blank cheques of my
seving acount .due to payment the pending bill
of (phone of office ) we both r invlove in that
office.i m invlove in share trading work in
that some loass was happen of that frnd and me
also. and he want to money from me which was
loss.same bank account was close d 6 month ago
from that day when he deposit the that chk .I
have that phone recording by which he accept ,
i was given him a blank cheques .and dis phone
recording also 6 months ago.and after deposit
the cheques i called him and ask how u can do
that than he told me "according to me my amount
approx 6-7 lac and including intret it my be
about 9 lac so i do dis. and same talk i
recorded.
So my question is if i m puting the true here
.than wahat happen of my case.if i put all
recording which done on phone.and all
plz ans me..I will very thankful to u all ..
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Wrote on 03 October 2012
Mr.AJ Trial under 138 N.I.Act summons procedure is followed, in view of payment made by you you can seek for stoppage of court proceedings under 258 Cr.p.c since compromise is arrived, till the entire liability under the chq. amt. is paid such stoppage would amount to discharge
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Wrote on 20 September 2012
hello everyone , i need ur valuable input adn sujjestion on this as i have a ct date next month :- i had taken a PL from a bank and due to loss of job was unable to pay them so they filed a 138Ni case against me using my security cheque , after a year i got summons from court . meanwhile the bank agency started negotiating with my dad after the 1st date in court and i had to take a bail , my dad finally agreed to their terms and conditions and made 2 payments out of the 8 EMIS agreed upon. now i sumitted an application before the MM mentioning that i am in settlemnt with the said bank and have agreed upon a payment stettlement with them with proofs of payments attached and asked the MM to adjourn the case for as long as it can to which the judge rejected my application and forced the bank lawyer to file an affidavit withou which next date will not be granted inspite of the bank lawyer mentioning about the settlement between the both of us , so my question to the forum is , since compounding is possible in 138 NI why my appliction was rejected inspite of me comming to a compromise in the very 2nd hearing .on 1 hand i have already paid 2 instaments to the bank as per the settlement agreement and on the other hand they are running the case simultaniously .so in this given senario what should be my POA shud i continue with the payment or shud i stop the payment and fight . thank you in advance
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Wrote on 23 August 2012
Very much informative article for the common man.
BKB
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Wrote on 02 August 2012
Thank you very much for the very useful article. My doubt is, will the procedure of Questioning apply to this 138 cases procedure or not?
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Wrote on 14 February 2012
Actually notice must be issued within 30 days from the receipt of information from the bank regarding the return of the cheques as unpaid
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