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Samar Garg (Trader)     31 October 2012

Criteria of filling n.i act and other possibilities

 

Dear all, Experts.

 

Is it possible to file a case under any sec of N I A, if the cheque issued is not deposited in bank and neither dishonoured ? Through there is a letter on company 's Letter head is attached with the cheque for the receipent stating " Enclosed herewith please find cheque no 123 crossed in favour odf XYZ"

 

I have signed the cheque & Letter along, but actually the cheque belongs to my fathers company for Which i am having a POA but my signatures are not updated in bank for the concerned account.

 

i was in JC for the a year & half after 2010 for another 2 Cri. cases in mumbai. now 2 months back the said trader (Who's having cheque) has sent me letter on his letter head that i had taken the goods on approval and paid him in cheque which is dishonoured and he was informed by my father that i am in some trouble so he waited till date. I have personally gone through the bank Statement but the cheque is never deposited/bounced.

With the facts mentioned SUPRA i understand that he can file 406, 420 (may be 467) IPC but is it possible for him to file a case under N I A ?

What should i do to protect myself from any Cri.Proceedings ??



Learning

 2 Replies

Nitish Banka (lawyer)     31 October 2012

For an offence under 138 NI

1. The cheque must be dishonoured due to insufficient funds

2.Legal notice to you must be served before instituting suit.

Arvind Singh Chauhan (advocate)     31 October 2012

In the circumstances as described by you. No case of NI Act is possible.


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