DEMAND NOTCE TO PAY THE CHEQE AMOUNT

Querist : Anonymous (Querist) 31 January 2010 This query is : Resolved
THERE IS NO DEMAND TO PAY THE CHEQUE AMOUNT.BUT THERE IS A DEMAND TO PAY PRONOTE AMOUNT.COMPLAINT UNDER N.I ACT IS MAINTAINABLE.?

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R.R. KRISHNAA (Expert) 31 January 2010
Demand to pay amount is enough to file complaint under NI act. It need not be specific that it should be cheque amount or pronote amount, unless there is serious difference between cheque amount and pronote amount.

Guest (Expert) 31 January 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE N.I.ACT CASE AND CHEQUE AMOUNT AND PRONOTE AMOUNT KINDLY NOTE THAT.
1 THE NOTICE SHOULD CONTAIN THE DEMAND FOR CHEQUE AMOUNT FROM THE DRAWER OF CHEQUE.
2.IN CASE PRONOTE AMOUNT IS DEMANDED AND IT DIFFERS FROM CHEQUE AMOUNT THEN THE ACCUSED HAS A GOOD DEFENCE AND CAN BE ACQUITED PLEASE NOTE.I HAVE GOT ACQUITAL FOR ONE OF MY ACCUSED CLIENT ON THIS POINT PLEASE NOTE.
IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS OR WRITE OR CALL.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

B K Raghavendra Rao (Expert) 31 January 2010
Demand made should be for cheque amount. Otherwise complaint under Section 138 of NI Act is not maintainable. When the cheque has bounced, in clear terms the cheque amount should be demanded. Even if cheque amount and pronote amount are same, yet the demand should be for payment of amount that has to be paid because of bouncing of cheque.

Arvind Singh Chauhan (Expert) 31 January 2010
I go with Rao Sir.

Sachin Bhatia (Expert) 31 January 2010
Yes complaint is maintainable. Demand to pay cheque amount is enough to file complaint under NI act.

Raj Kumar Makkad (Expert) 31 January 2010
138 NI Act is a specific provision for the bouncing of cheque only and this provision cannot be enlarged in the matter of loan against pronote. Demand against pronote loan gives a cause of action to file suit for recovery in the proper civil court and not criminal right to sue the opposite party under the provision of 138 NI Act.

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