Section 138, ni act

Querist : Anonymous (Querist) 12 December 2011 This query is : Resolved
Dear sir, my question pertains to sec' 138 0f NI act..

IF IN THE LEAGAL NOTICE AND COMPLAINT THE PROSECUTION DOES NOT MENTION THE ACTUAL AMOUNT DUE..BUT ONLY STATES " CERTAIN AMOUNTS" AS AGREED.

DOES SEC' 138 OF NI ACT PROSECUTION STAND,THE AVERMENTS ARE NOT SPECIFIC .

CAN I HAVE ACESS TO ANY JUDGEMENTS IN THIS NATURE.?

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ajay sethi (Expert) 12 December 2011
has the complainant mentioned cheque number in legal notice and complaint?

DEFENSE ADVOCATE.-firmaction@g (Expert) 12 December 2011
Amount is important without no actionable claim can survive.

Querist : Anonymous (Querist) 12 December 2011
yes....check no mentioned....but,.leagally enforceable debt cleared by demand drafts..checks issued for this purpose not returned, instead, used to claim interest which was not agreed orally or by writting.

Querist : Anonymous (Querist) 12 December 2011
legal notice nor complaint ,does not mention interest,complainant accepts receipt of the actual due during X'. but claims interest by terming it,AS AGREED CERTAIN AMOUNTS....hence the averments not specific in LN or COMPLAINT, as to what amount is due..need specific judgements...reg;

ajay sethi (Expert) 12 December 2011
in complaints under section 138 complainant cannot claim interest . the amount due and paybale has been paid by demand drafts . no complaint is maintanable

Ajay Bansal (Expert) 12 December 2011
An adverse inference will go against the complainant.

Shonee Kapoor (Expert) 12 December 2011
Agreed with experts no action maintainable.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Advocate. Arunagiri (Expert) 12 December 2011
The query is hypothetical question. Without mentioning the amount in the complaint, how the court will accept the complaint, how he could have paid the court fee.

Shailesh Kr. Shah (Expert) 13 December 2011
Defective Legal notice.

prabhakar singh (Expert) 13 December 2011
So much discussion has taken place without any necessity.Even if a compliant contains such ambiguity but how can a cheque be there for"" CERTAIN AMOUNTS""as he says.

He has played smart with us or has failed to convey facts properly.

Querist : Anonymous (Querist) 13 December 2011
dear,mr.prabhakar,
i beg to clarify that the check is for a specified contractual amount....which was cleared by demand drafts....check not returned,instead presented for interest, by terming it as ,"AS AGREED FOR CERTAIN AMOUNTS"
hence original check is not termed as certain amounts, as thought by you.
thanks