S138 ni act
jains
(Querist) 11 February 2019
This query is : Resolved
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, Advocate
(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
Suhail suhail
(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.
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jains
(Querist) 16 February 2019
Is there anything wrong in asking questions Vashista Sir?
