138 ni act
Querist :
Anonymous
(Querist) 17 December 2011
This query is : Resolved
sir
i gave 3 cheques to a party inmay 2008 with amount filled and dated cheque no 523522 and 23 ideposited by the party and after that date cheque no 523528 523529 were also given to the same party in august 2008 due to some dispute we closed business with that party and now after 3 years cheque no 523521 is bounced by that party and put a case u/s 138 ni act against me i am neerly sure that i put date on that cheque in 2008 than how can they file complaint in ni act and even if cheque was undated can they sue me u/s 138 as cheques bearing no after the sain cheques has been deposited by them in 2008
first date for bail bond iis in jan 2012 please suggest what to do
Deepak Nair
(Expert) 17 December 2011
The validity of a cheque is 6 months (which is known universally) & from 01.04.2012, the validity of a cheque & DD will be 3 months as per the recent government notification.
Your present case is not clear. eventhough please d=find some legal aspects which may help you.
if the cheque given by you was undated, and the drawee put the date and deposited, then this amounts to manipulation of the cheque by the drawee which is a valid defence to fight the case.
A case under sec138 NI Act can be filed within 30 days after giving a 15 days notice from the date of intimation of dishonour.
In no case a cheqe dated in 2008 can be deposited in 2011.
Since the situation remains unclear, it is difficult to advise you in detail.
You can browse the earler queries for better understanding.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 17 December 2011
Keep cool, scrutinize the notice, complaint and bank papers very minutely and you will find many faults. I have given complete simple techniques of cross for such cases in forum section which makes easier to win any NI 138 case.
Power of defense is power of negative which is immense. Darkness is negative but it is perpetual , light is positive but you have to make efforts to sustain it
Many suffer due to guilt complex imposed on them, throw it out and fight you will win, that is what Lord Krishana says to Arjuna in Shri Bgagwatgita.
Nadeem Qureshi
(Expert) 17 December 2011
I am agree with Deepak
it is a bailable offence no need to worry collect evidence for your defence if you have.
feel free to call
Shonee Kapoor
(Expert) 18 December 2011
Rightly agreed by experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 18 December 2011
If there was no date mentioned by you then the validity of cheque gets extended and it starts from the date filled therein. It is required to be used within 6 months of its date and not from the date of issuance of cheque book by bank.
In view of above, you should properly reply the notice sent by the holder of cheque accordingly and thereafter if criminal complaint is filed, then you should insist upon him to produce his statement of account as you have no legal liability towards him.
Advocate Bhartesh goyal
(Expert) 18 December 2011
Validity period of cheque starts from the date mentioned on cheque and the cheque can be used within six months period from the date mentioned on it.your reply of notice is material.you can rebut the presumption in court by adducing cogent evidece that there exists no legally enforceable debt or liability against you.
V R SHROFF
(Expert) 18 December 2011
Matter in court, So now it is to late, useless to advise or comment:
"you should properly reply the notice sent by the holder of cheque accordingly"
You did not mention when you issued cheque no 523521, and was it dated??
Giving details of other cheques of what use??
You stated "i am neerly sure that i put date on that cheque in 2008"
Why should you not be 100% sure, when case is filed and you have checked all the Documents, including this Cheque that Complaint relied upon, and issued to you the copies thereof? Was that not your handwriting? or ink differ? Did you check the Cheque Xerox Copy??
Your Bank Pass Book & Cheque record book will help your defense. There you will be able to prove, the cheque was not issued in last six months of depositing. You might have never personally met the Complainant to deliver the cheque!!
Adv Shroff
18-12-2011
