Cheque Return Complaint u/s 138 NI Act
Querist :
Anonymous
(Querist) 25 January 2016
This query is : Resolved
1. In Demand Notice Cheque Amount...... along with 12% interest and notice fee demanded. Magistrate raised query and put on hearing.
2. In complaint, mention was not made as to the fact that the receipt was given on request to secure Mediclaim pending the bill.
3. how to tackle these issues? please advise.
rajagopal.s
(Expert) 25 January 2016
Hi
In 138 NI , the case is about whether there is a cheque bouncing and an existence of debt. The cheque should have been given by a person as a repayment of a principal payment or an interest payment.
Nothing more. If there is a demand notice in petition for 138 NI, the judge might ask you to amend the plaint or return the plaint.
For demanding the return of loan amount, you need to file a separate civil suit.
