138 negotiable instrument act

Querist : Anonymous (Querist) 07 June 2011 This query is : Resolved
bank returned the chaque unpaid with memo and the reason is that "Not Drawn Us" what is the remedy ? 138 complaint is maintainable or not ?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 07 June 2011
not maintainable .

Guest (Expert) 07 June 2011
please sir i also want to know that why the complaint does not maintainable

PALNITKAR V.V. (Expert) 07 June 2011
What is meant by US

sharad raghav - 9990549475 (Expert) 07 June 2011
its maintainable bcoz as per the headings of sec-138 "DISHONOUR OF CHEQUE FOR IN SUFFICIENCY,ETC.,OF FUNDS IN THE ACCOUNT".the cause for dishonour of cheque is not the only one i.e insufficiency of funds but the other causes of like nature comes under the term "ETC".and if you go through the sec then you will get more points to argue or to make it maintainable.

sharad raghav - 9990549475 (Expert) 07 June 2011
for more clarification better you ask banker that what they people try to convey by such endorsement-"NOT DROWN US".

Advocate. Arunagiri (Expert) 07 June 2011
Mr.Sharad,

The ETC is is not quoted in s.138.

Might have presented the cheque with a wrong branch, of that bank.

S.138 not attracted.

Isaac Gabriel (Expert) 07 June 2011
A cheque consists of three parties.The drawer,drawee and payee.In this case I suppose the cheque might not have been drawn on the bank against which payment was sought for.This will not amount to dishonour.

DEFENSE ADVOCATE.-firmaction@g (Expert) 08 June 2011
the cheque is not drawn on the account maintained by the accused and hence no NI 138.

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