138 nia

K GANGA NARSAIAH (Querist) 20 February 2015 This query is : Resolved
sir,
kindly advise me without cheque issued, on promissory note can v file a private complaint u/138nia

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Anirudh (Expert) 20 February 2015
No. The dishonour of the cheque is a must for lodging complaint u/s. 138 N.I.

On the basis of the promissory note, if the time for demanding the money is over and if demand was made by sending a legal notice, then you can file a summary suit for recovery of the money indicated in the promissory note.

ajay sethi (Expert) 20 February 2015
how can you file complain under section 138 Ni if cheque is not issued . ? as mentioned by MR Anirudh dishonour of cheque is must for filing complaint under section 138 Ni

Nadeem Qureshi (Expert) 20 February 2015
No
without dishounor of cheque, the complaint can not be filed.

you may file a civil suit for recovery before civil court.