Whether complaint is maintainable u/s138 of N.I Act

Goutam (Querist) 14 October 2010 This query is : Resolved
Can we file a Complaint U/s 138 of N.I Act.
If the cheque returned with bank endorsement "Present Again". If any rulings plz upload it...

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ashish lal (Expert) 14 October 2010
why didnt you present the cheque again?

R.Ranganathan (Expert) 15 October 2010
You can file a complaint. But verify with the Bank, why they have returned the cheque with that remark. The Bank is liable for returning it with such remarks. If the amount available is sufficient to cover the cheque amount, the Bank is liable to pay the amount, unless the Issuer of the cheque has given some instructions to stop the cheque.

adv. rajeev ( rajoo ) (Expert) 15 October 2010
before filing the complaint verify why the cheque is returned as present again and it is better to present it once again.

Kiran Kumar (Expert) 15 October 2010
no at this stage complaint under S.138 is not maintainable.

138 is confined to a situation where the remarks are either "insufficient funds" or "proceeds exceed".

Rajeev kulshreshtha (Expert) 15 October 2010
No you cannot file complaint you have to present cheque again.

Legal Eagle (Expert) 15 October 2010
I agree with Mr. Kiran's ans.

pawan sharma (Expert) 15 October 2010
yes,complaint is not mendatory at this stage bcz this statement does not amount to dishoner of the cheque.

Advocate. Arunagiri (Expert) 15 October 2010
You can not file a case. Only if the cheque is bounced for insufficient funds (even in case of closure of the accounts), you can file a case. Check with the bankers for what reason they have advised you to present again. May be you would have presented before the date mentioned in the cheque.