Querist :
Anonymous
(Querist) 23 August 2011
This query is : Resolved
Dear sir,one of my friends has taken loan from me excuting a promissory note in favour of me and given a cheque .when i sent the cheque for collection through my bank it has returned with a memo stating THE ACCOUNT INOPERATIVE /DORMENT.Can i file a case u/s 138 of NI act?Kindly advice me in this regard.
Advocate. Arunagiri
(Expert) 23 August 2011
You can file a case for cheque return.
Advocate Bhartesh goyal
(Expert) 24 August 2011
First you demand the cheque amount by giving him a notice,failure to compliance notice file case u/s 138 of N.I.Act within limitation period.
Dr Anil Kumar Singh
(Expert) 24 August 2011
I agree with experts. First serve notice and then if he fails to comply with it you can file case under NI Act
M/s. Y-not legal services
(Expert) 26 August 2011
Yes.. Mr.bharteyal is correct. Am agree. You have to issue notice to claim your amount. If he failed to repay the amount mean you can. Also you can move to civil suit for recovery of your money.
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