Section 138 related query
Kishor
(Querist) 24 March 2014
This query is : Resolved
If Someone received a notice under section 138, and in replies to the same in the stipulated time the Drawee promises to pay the litigated sum during a particular period.
Then,
1. Can the person under whose legal custody the cheque is, files a complaint with police IMMEDIATELY under section 138, sec 420?? or he have to send reply to the drawee that he is not agree with the promise made and then afterwords he can file a complaint ??
2. Is there any Stipulated maximum and minimum time within which he has to pay the amount, which he can mentioned in the replies to the notice ??
3. If the drawee on whome the cheque is deawn inform that he can pay the sum of money within one year, then is it acceptable, with or without any interest ??
4.Can he files the compliant immediately, instead of Drawee sends a reply to the letter within stipulated time ??? Can the drawee get additional 15 days period once sent the reply or have to go with police and court immediatly instade of sending reply to the notice.
5 How much is the time period to settle down the case completely ??
Please Assist
ajay sethi
(Expert) 24 March 2014
complaint has to be filed in magistrate court not with police regarding section 138 Ni .
he has to make payment within period of 15 days from date of receipt of notice . if he fails to make payment within 15 days and asks for extension of time offence is committed
Kishor
(Querist) 24 March 2014
under sec 420 can we file a complaint or police have no role
R.V.RAO
(Expert) 25 March 2014
court case can be filed under specific subject sec 138 of NI Act.
police have no role.
Rajendra K Goyal
(Expert) 25 March 2014
1. He can file police complaint for cheating, fraud etc. if relevant facts exist. No complaint u/s 138 to police.
2. Within the notice period.
3. Legally not bound to accept such offer.
4. He can file case, no extension entitled reply sent or not.
5 No time fixed may take 3-5 years.
Nadeem Qureshi
(Expert) 25 March 2014
police have no role in cheque bouncing case. settlement can be final if both the parties are ready to settle the matter. if the person file a complaint before court then court issue summon and after received the summon accused should appear before court and try to settle the matter through mediation or lok adalat if the accused is really willing to pay the amount other wise fight the case on merit.
T. Kalaiselvan, Advocate
(Expert) 26 March 2014
I agree to the opinions rendered by all experts above. Lastly, if there is an understanding between the the drawer and the drawee, they can amicably settle the issue within themselves or else actions envisaged as per law is the only solution.
