Ni act
Uday Kumar
(Querist) 24 July 2014
This query is : Resolved
Dear Sirs,
Complaint was filed stating Cheque has been bounced due to insufficient of Fund even Legal Notice was issued stating the reason of bouncing as Insufficient Fund However Cheque returned due to the Stop Payment and even Bank Memo say Stop Payment
Hence Complaint and PSE is wrong however such a defective Complaint is maintainable ,
I am an Accused
With Regards
Anish
Devajyoti Barman
(Expert) 24 July 2014
Such mistake in the petition is not damaging. At the end the cheque was dishonoured for which the proceeding u/s 1380142 NI Act has been initiated.
Advocate Bhartesh goyal
(Expert) 24 July 2014
Mentioning wrong reason for dishonour of cheque in notice,does not invalidate the notice and proceedings u/sec 138 of N.I.Act.
Guest
(Expert) 24 July 2014
Cheque return memo of the bank can be the main evidence, which has to be relied by the court. So complaint cannot be treated as defective, as the complaint is based on reason quoted by your own bank.
However, yourself being an advocate, you may like to consider the following courses of action to be taken by you to save your honour as well as have justice on account of the deliberate mistake by the bank:
1) Compound the case amicably on mutual discussion with the drawer showing him the latest bank account statement/passbook entries; and
2) Sue the bank in the consumer forum for deficiency in service on their part and claim damages.
V R SHROFF
(Expert) 24 July 2014
ADVOCATE uday kumar,
As both reason attracts 138 NI, accused do not get any defence , just for this error.
You may take advantage during cross examination of Compl.
Rajendra K Goyal
(Expert) 25 July 2014
The fact does not invalidate the action. Agree with the experts.
Raj Kumar Makkad
(Expert) 25 July 2014
You cannot take benefit as desired so better to offer to pay the amount of the cheque with some extra money so that the complaint may be got withdrawn by such complainant/
