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Discussion > Criminal Law > Cheques > Cheque returned with refer to drawer. meaning   Unanswered Threads Post New Topic

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There are 12 Replies to this message


seema sharma


manager
[ Scorecard : 346]
Posted On 05 March 2012 at 20:42 Report Abuse

i have got a cheque returned with remarks- kindly contact drawer,

can I file s.138 case against the drawer.

thnx



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arvind


advocate
[ Scorecard : 12658]
Posted On 05 March 2012 at 21:38 Report Abuse

No this remark does not cover 138 NI Act.



Shonee Kapoor


Intern - Advocacy
[ Scorecard : 42459]
Posted On 05 March 2012 at 23:42 Report Abuse

Agreed.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com


seema sharma


manager
[ Scorecard : 346]
Posted On 06 March 2012 at 02:43 Report Abuse

what if i give him notice and he didi not pay.

"The Punjab and Haryana High Court in the case of M. M. Malik v. Prem Kumar Goyal , has analysed the aforesaid sections and held that the cause of action will be complete when the drawer of the cheque fails to make payment within 15 days of the receipt of the notice contemplated by proviso (b) and that the offence shall be deemed to have been committed only from the date when the notice period expires. The court had construed the endorsement "refer to drawer" as the bankers inability to honour the cheque for want of funds in the account of the drawer and further held that as far as the jurisdiction was concerned, the principle that the ‘debtor has to find the creditor” would apply and that the court within whose jurisdiction the creditor is located will have jurisdiction to entertain the complaint"



Shonee Kapoor


Intern - Advocacy
[ Scorecard : 42459]
Posted On 06 March 2012 at 12:04 Report Abuse

Right issue a notice. W/o issue no legal action stands.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com



seema sharma


manager
[ Scorecard : 346]
Posted On 06 March 2012 at 13:07 Report Abuse

what should be done by me, pls guide steps and process in this matter.

how should I convince court that this is a case under s.138, if court objects that there is not insufficent funds but refer to drawer.

pls guide



ADVOCATE DEFENSE.


POWER OF DEFENSE IS IMMENSE - firmaction@gmail.com
[ Scorecard : 15941]
Posted On 06 March 2012 at 13:17 Report Abuse

The debtor must seek creditor has been rejected by SC.

 

 

the principle that debtor may seek the creditor should be applied in
such cases. However, that argument was rejected by the Supreme Court
by following observations in paragraph 27.
 
27. We regret that such a principle cannot be
applied in a criminal case. Jurisdiction of the
Court to try a criminal case is governed by the
provisions of the Criminal Procedure Code and
not on common law principle.”



Shonee Kapoor


Intern - Advocacy
[ Scorecard : 42459]
Posted On 07 March 2012 at 14:25 Report Abuse

Unable to understand JSDN, please elaborate.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com


ADVOCATE DEFENSE.


POWER OF DEFENSE IS IMMENSE - firmaction@gmail.com
[ Scorecard : 15941]
Posted On 07 March 2012 at 14:37 Report Abuse

this is in reply to above part of the query.

 

as far as the jurisdiction was concerned, the principle that the ‘debtor has to find the creditor” would apply and that the court within whose jurisdiction the creditor is located will have jurisdiction to entertain the complaint"



seema sharma


manager
[ Scorecard : 346]
Posted On 08 March 2012 at 14:22 Report Abuse

can i initiate steps under  s.138 or not, pls explain




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