Sec 138 of neg. inst. act-
SAMIR SHAH
(Querist) 27 February 2012
This query is : Resolved
sir,
i had issued a notice u/s 138 through regd. a.d and courier which is not accepted by the drawer of cheque.
the cheque bounced was drawn in favour of a lady/ women and one in name of a senior citizen.
do i have to pay any charges while filling a complaint or a case.
can a complaint be filed by an individual or has it to be filled through a lawyer or advocate only.
pls send me the procedure and format of how complaint has to be filled.
pls reply at the earliest.
Raj Kumar Makkad
(Expert) 27 February 2012
1. No charges except litigation and lawyer fee is required to be paid while filing the complaint.
2. If individual is capable enough, he can also file it by obtaining the permission from the court.
3. It shall be better for you to obtain a decree in law because if we provide you procedure and format for filing, on next stage you shall ask to send you format and procedure how to make evidence in chief and then how to cross examine and so on.
4. Earliest reply has been given so please acknowledge.
V R SHROFF
(Expert) 27 February 2012
You must contact a local Advocate to do the needful.
Legal Procedures should not be the subject matter of Query. Especially, when you personally are not affected. You are asking on behalf of others.
You have to Pay 2% of cheque amount as Court fees. [Rs. 200 for every 10k or part there of]+Process fees etc.
You can ask Query of your problem, not Legal Procedures and formats.
After all half knowledge is dangerous and harm you.
Will Samir Shah reply his business secret?? From where he get material, at what rate, how avoid tax, whom he sell at what rate???
SAMIR SHAH
(Querist) 29 February 2012
thanks a lot to guide me & reply
the reason why i asked a question whether an individual can himself file a complain is that the lady is my sister in law aged 46 yrs and the senior citizen stated is my uncle aged around 76yrs and are not in a position to expend as there investment was here which is blocked.
i am just trying to help them out as they are my close relatives.
thanks again
SAMIR SHAH
(Querist) 18 March 2012
Thanks to all of u. but still getting confused as mr. makkad says only litigation & lawyers fees and mr. shroff says 2% court fee + process fee. Is the litigation fee and court fee the same.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 March 2012
cheque law is a technical law and every step is important.
Mr Shroff has given the gist that half knowledge is dangerous.
