U/s 138 ni act
MANJUNATHA.K
(Querist) 16 June 2012
This query is : Resolved
Hi,
This is MANJUNATHA.K
My mother paid a every month installment to "sri shiva sai developer" for allotment a plot but end of the movement their not allot the plot for some govt problem, and sri shiva sai developer gave a cheque to my mother, but in the their a/c no balance,(insufficient fund). already one month over.
now i am decide to give a notice to Sri shiva sai developer u/s 138 NI Act, can i give to notice individually or through the lawyer.
sri shiva sai developer gave a cheque to so many people, all the people have same problem.
please provide a steps, how to take action against sri shiva sai developer
Thank u
M.Sheik Mohammed Ali
(Expert) 16 June 2012
immediately appoint a lawyer, send notice and make police complaint against developer for cheat,
SAINATH DEVALLA
(Expert) 16 June 2012
YOu are saying it is one month snce the cheque bounced,act fast.
Kiran Kumar
(Expert) 16 June 2012
better visit some local lawyer with all documents without any delay.
you have un-necessarily delayed the matter.
adv. rajeev ( rajoo )
(Expert) 16 June 2012
it is already passed one month so now you cannot issue notice u/s 138 of NI Act. Again present the cheque for collection and after bouncing the cheque do as Kiran kumar said
PARDEEP KUMAR
(Expert) 17 June 2012
Mr. Manjunatha,
As per section 138 of N.I. Act,1881, a notice of demand is mandatorily required to be issued within 15 days of receipt of intimation about cheque bouncing, thereafter, complaint is required to be filed within 30 days of the service of aforesaid notice upon the drawee.
As one month is already over, present the cheque again, get it bounced again then follow the course, as suggested above. Remember in notice do not include anything of the sort viz. interest etc., however, cheque bounce charges can be demanded in notice. Better if you get the notice served through competent lawyer.
R.RAJENDRAN
(Expert) 17 June 2012
Before proceeding to issue notice, you must check up whether the cheque was issued by the person authorized by "shiv sai developer"
