N.I ACT

Querist : Anonymous (Querist) 10 April 2011 This query is : Resolved
SIR, IN 1999-2000 I HAVE GIVEN RS.30000 CHEQUE TO THE BOOKING AGENT OF THE HOUSING SCHEME FOR SECURITY WHO WAS THE RAILWAY OFFICER AND I PAID CASH 120000 TO THEM BUT DUE TO MY LESS INCOME THEY RETURNED THAT AMOUNT TO ME BY CHEQUE ASKING THAT YOU COULD NOT GET LOAN FROM THE BANK.BUT THE CHEQUE OF RS. 30000 NOT RETURNED TO ME STATING THAT THIS IS MISPLACED AND I FORGET THAT MATTER .IN 2007 THIS AGENT EXPIRED AND IN 2009 HER SON DEMANDED RS.120000 FROM ME THAT MY FATHER HAD GIVEN TO YOU WITH GOOD FAITH AND HE DEPOSITED THIS CHEQUE AND LODGE THE COMPLAINT THAT I HAVE GIVEN THIS CHEQUE FOR PART PAYMENT AGAINST RS.120000 .I REPLIED HIS NOTICE THAT I HAVE NOT TAKEN THAT AMOUNT ,WHAT WILL HAPPEN PLEASE GUIDE ME.

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Advocate. Arunagiri (Expert) 10 April 2011
Give more detail about why you have given the cheque for security?

do you have any receipt for the payment of Rs.30000/- and Rs.120000/-.

DEFENSE ADVOCATE.-firmaction@g (Expert) 10 April 2011
Even otherwise the cause of action is outdated , no case possible.

Srinivas.B.S.S.T (Expert) 10 April 2011
A cheque is valid only for a Period of SIX months, after the lapse of that period it will not be accepted for clearance as such filing a complaint under NI act basing upon the same is not possible.

However as cheque is also a negotiable instrument like promissory note, civil liability is upto three years. That means a civil suit for recovery of amounts covered under a cheque can be filed within three years from the date of issue of the cheque.

As seen from your query it is not clear that whether date was mentioned on the cheque issued by you in the year 1999/2000 or not?.

Please furnish fuller details.

Regards
Srinivas BSST

Raj Kumar Makkad (Expert) 11 April 2011
I do agree with srinivas.

Querist : Anonymous (Querist) 11 April 2011
SIR, I HAVE GIVEN THIS CHEQUE FOR MAINTENANCE IN ADVANCE IN 1999 TO THE AGENT AND HE DIED IN 2007 BUT THE CHEQUE OF RS.30000 MISUSED BY HIS SON .THE CHEQUE GIVEN WITHOUT DATE AND THE SON OF AGENT WROTE THE DATE ON THIS CHEQUE AND FILED THE CASE .I HAVE NO RECIEPT OF THE ABOVE TWO CHEQUE AS THE AGENT WAS GOVT. EMPLOYEE AND I ALSO .

Querist : Anonymous (Querist) 11 April 2011
SIR, THE COMPLAINANT NOT SHOWN IN NOTICE THAT HIS FATHER EXPIRED AND ALSO NOT SUBMITTED WILL AND ALSO WRITTEN CONSENT OF HER MOTHER AND ELDER BROTHER TO THE COURT AS DEMANDED BUT HE SUBMITTED ONLY DEATH CERTIFICATE OF HIS FATHER.AND ALSO COMPLAINANT NOT SUBMITTED THE PROOF OF POST DEPTT. THAT NOTICE IS SERVED TO ME.PLEASE GUIDE ME AND ASK ME FURTHER SO I CAN CLARIFY THE SAME AS I AM GOVT. EMPLOYEE AND IN CRITICAL SITUATION WHAT TO DO