Section 138 of ni act

Devrath Roy (Querist) 17 April 2017 This query is : Resolved
Hi,

I would like to explain here- one of my friend purchased a new car and used my credit card with my consent to make the down payment. The transaction value is 50,500/-.
To discharge this liability he issued me two cheques of 20,000 and 30,000 each. Both cheques were dishonoured twice, latest on 29/03/2017. Now he is not attending my phone calls and refused to return the amount.

Knowing the fact it is not a very big amount to fight for but I think I should not let him go away without make him realize for his fault.

I decided and issued him a legal notice u/s 138 on 11/04/2017 directing him to return the entire amount within 7 days.

Jurisdiction in my case would be Saket court, Delhi. However we both residing at Ghaziabad, U.P.

What are the remedies available to me in this case and how much possibility is there - I will win the case in how much time?

Kindly suggest.

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Guest (Expert) 17 April 2017
First Send a Legal notice with the help of Good Advocate and mostly he would respond.Better to be alone than to be with Such Friends.

Adv. Yogen Kakade (Expert) 17 April 2017
If you think the amount is not big then leave it.
It seems you have sent the demand notice by yourself, generally the demand notice for cheque bounce is issued with the time period of 15 days.
As you are still in limitation, you can approach a good lawyer and file a suit within 30 days of the expiry of the notice period.

Rajendra K Goyal (Expert) 17 April 2017
You can proceed as advised by the expert Adv. Yogen Kakade.

Ms.Usha Kapoor (Expert) 18 April 2017
Agree with Yogen Kakade.

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