No act

pushpakrishna (Querist) 21 July 2017 This query is : Resolved
Dear sir
A cheque given to me one of my customers and bounced back due to insufficient of funds and notice given for payment with in 15 days and he came and assured to pay with in a few days.but belived his version and went to other place and now came back and asked him to pay the amount on the dishonred cheque. Simply he is saying that you can do what ever you want as the limitation period is over.
Cant I file the AGANIST him u/s 138 of ni Act.kindly advice on this my dear experts.
Thanq in advance

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P. Venu

(Expert) 22 July 2017
In the given facts, the delay could be sought to be condoned.

Rajendra K Goyal (Expert) 22 July 2017
You should have received another cheque and acknowledgement of debt when he assured it seems you have not taken the same.

You can file criminal case of cheating / fraud and / or civil case for recovery of outstanding if the matter is within 3 years.

pushpakrishna (Querist) 22 July 2017
Dear experts
The person is having very influential in the police department and hence is there any chance to file a case under section 138 of NI act.
Thanq in advance for your valuable advice

Rajendra K Goyal (Expert) 22 July 2017
As mentioned by you, time for filing cheque bouncing case is over, File FIR, if police does not register, file complaint with the Magistrate.

Any high official of the police would not like to be indulged in such cases.

Engage services of some senior lawyer expert in such matters.

Kumar Doab (Expert) 23 July 2017
You seem to have been at some other place for very very long time......
As already advised seek help of local senior very able counsel of unshakable repute and integrity specializing in such matters.....

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