S138 ni act

This query is : Resolved 
 

(Querist)
11 February 2019

I presented a cheque for collection through my bank. But it was returned for insufficiency of funds. when contacted the drawer he requested more time to settle the money. Some important persons decremented for the drawer, and I had given more than 18 months time to settle the matter. I did'nt send a demand notice. But he was cheating me by influencing me with the help of those imp persons. Anyway my question is whether I can file cheque case under S138 NI act against the drawer. Can I send demand notice now after 18 months and file the case by condoning delay for sending demand notice and for filing the case?


Sudhir Kumar (Expert)
12 February 2019

Now you can file cheating case only

Or civil suit for recovery that too if you can prove that he actually was under obligation to pay you the money written on cheque

Bilal U Gani (Expert)
12 February 2019

You cannot file the case under 138 NIA , you can however file the suit for recovery of money if you have sound proof to prove the case

Dr J C Vashista (Expert)
12 February 2019

Complaint u/s 138 NI Act is not maintainable.
What is the actual problem ?
You have been asking various types of such hypothetical questions in the past some of them are:
asked a query in Experts Way dispute
asked a query in Experts Methods for proving nonaquaintance of complainant to accused
replied to a query in Experts Methods for proving nonaquaintance of complainant to accused
replied to a query in Experts Methods for proving nonaquaintance of complainant to accused
replied to a query in Experts Methods for proving nonaquaintance of complainant to accused asked a query in Experts Methods for proving nonaquaintance of complainant to accused
asked a query in Experts Review
asked a query in Experts Commission
asked a query in Experts Forged vakalath and written statement
asked a query in Experts Limitation
More
Read more at: http://www.lawyersclubindia.com/profile.asp?member_id=312724

jains (Querist)
16 February 2019

Is there anything wrong in asking questions Vashista Sir?



You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :









×

  LAWyersclubindia Menu