138 N.I ACT

artabandhu (Querist) 22 September 2010 This query is : Resolved
the cheque is returned due to insufficent balance, then i send a notice to pay the same with in 15 days, then he approach me to give the money on sept/oct with out mentioning specific date through a letter by speed post after due sign.is it a good thing for me to wait with out filing a case.

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Adv Archana Deshmukh (Expert) 22 September 2010
If the limitation to file s.138NI gets expired and he does not pay in sep/oct, you will have to file a civil suit for recovery based on the cheque and the letter.

Raj Kumar Makkad (Expert) 22 September 2010
Act is very clear. It is not the further period rather the payment should be made within 15 days of receipt of notice. So if he has not paid and sough further period beyond 15 days then don't wait for him and file complaint under section 138 NI Act.

He is trying to further make a trick with you. Don't believe upon him and move ahead.

Koumarish Bhattacharya (Expert) 22 September 2010
File the case. If he makes the payment afterwards, you may very well compound the case. But remember, if you miss the chance to file the case u/s 138 N.I. Act, you will have no other option but to proceed in a Civil suit.

Devajyoti Barman (Expert) 22 September 2010
No , you file the case immediately as if he fails to pay you later then you loose your right to sue. If he pays then you could withdraw the case anyway.

G. ARAVINTHAN (Expert) 23 September 2010
what is date of cheque?
when cheque bounced?
when you sent notice?
when he meet you?

Ajay Bansal (Expert) 23 September 2010
NOW YOU CAN ONLY FILE EITHER A COMPLAINT U/S 420 I.P.C. OR A CIVIL SUIT.

DEFENSE ADVOCATE.-firmaction@g (Expert) 23 September 2010
Yes or take a fresh cheque.

Sarvesh Kumar Sharma Advocate (Expert) 23 September 2010
case u/s-138 n.i.act is compoundable and u can make compromise at any stap.
file the case in time.
if he returns the amount dn widrow case.
420 ipc can not file due to specific act.

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