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varun (Querist) 15 September 2013 This query is : Resolved
sir i have query in a case where a business transaction between two parties took place around, where maximum amount of payment is paid by way of cheque but now the party who was paying the remaining amount presented the post dated cheque to the other party and within a month that party ordered/requested his bank to cancel the cheque whenever it will be presented. and the same got happen. and its been 2years now...

now what will be the case ? which will file ? and in whose court

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adv. rajeev ( rajoo ) (Expert) 16 September 2013
Where the cheque is presented for encashment has got court jursidiction to file a complaint

Sudhir Kumar, Advocate (Expert) 16 September 2013
it can be a case of civil suit.

some expert may elaborate whether s/138 NI Act is attracted.

Dr J C Vashista (Expert) 16 September 2013
You can file summary suit for recovery, if it is legally recoverable debt and you have sufficient evidence

Rajendra K Goyal (Expert) 16 September 2013
Well advised by the experts, nothing more to add.

V R SHROFF (Expert) 16 September 2013
138 not applicable.

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