about N.I ACT 138

Querist : Anonymous (Querist) 19 December 2010 This query is : Resolved
DEAR SIR ONE OF MY FRIEND HAS A POST DATED CHEQUE (DATE- 10.04.10) HAS TAKEM ME AND HE PLACE THAT CHEQE ON 31.06.2010 AFTER THAT I PAID HIS FULL AMMOUNT ON 26.07.2010 BUT HE HAS NOT RETURN THAT CHEQUE TO ME. AND HE ASKING MORE AMOUNT FRM ME , SOME OTHERS WAY I FIND THAT HE DID A CASE UNDER NI ACT138 ON 06.06.2010, BUT TILL 19.12.2010 I DID'NT GET ANY SUMMONN OR NOICE FROM HIM/COURT. WHAT SHOULD I DO ? I HAVE A SIMPALE CASH RECIVE OF RS 105000/- WHICH I HAD PAY TO HIM WITH INTREST ON 26.06.2010.

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adv. rajeev ( rajoo ) (Expert) 19 December 2010
Have got any receipt for the payment?
Had you received any notice from an advocae issued on behalf of your friend as per NI Act. If no notices is issued oomplaint is not maintainabe

Y V Vishweshwar Rao (Expert) 19 December 2010
I agree with Mr Rajoo !

Khaleel Ahmed Mohammed (Expert) 19 December 2010
Did you received the summons from the court?
If case has been filed , you are advised to contest the case.

Raj Kumar Makkad (Expert) 19 December 2010
I also agree.

Arun Kumar Bhagat (Expert) 19 December 2010
You neither received demand notice nor summons from court despite that you are saying that you somehow came to know that he has filed a case under NI Act. First you get summons then legality of case can be decided on the given circumstances.

Advocate Bhartesh goyal (Expert) 19 December 2010
Mr.Arun is right.

Advocate. Arunagiri (Expert) 19 December 2010
Your query is not clear. How do you know that there is a case against you. Check with the court diary on that day. If the case is taken on file without notice to you it is liable to quashed.

There is every possiblity, that your postman would have returned the post with adverse remarks on you.

Querist : Anonymous (Querist) 20 December 2010
yes sir i got a notice frm his advocat, and at once i replid him and i paid his ammount and got a recipt but he did not return me that cheque

Advocate. Arunagiri (Expert) 20 December 2010
Dear Anonymous,

You are giving contradictory info. Originaly you said that you have not received any notice. Now you say that you have received the notice.

You are not serious in posting your query. I doubt that you have a genuine query or not.

H.M.Patnaik (Expert) 20 December 2010
If the noticed dues are settled in full against proper receipt , you can immediately give instruction to your Bankers to 'Stop payment of the cheque in question" in order to avert any future difficulty if the instrument has not turned stale by now.

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