Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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N.I. Act

(Querist) 26 July 2010 This query is : Resolved 
My father in law give me a gift cheque of Rs. 50000/- but the cheque become dishonoured. I informed him many times to issue me an another cheque but he doesn't response me.
Can I suit against him under N.I. Act.
Please give me proper ground and provisions under which I can suit the file.

Devajyoti Barman (Expert) 26 July 2010
If one month time has not elapsed since the date the cheque was dishonoured, you can file case under the Act after sending him a notice and after waiting for 15 days and within 1 month from that 15 days time.
G. ARAVINTHAN (Expert) 27 July 2010
if dishonoured, as per the provisio of the NI Act, you have to issue a notice within 15 days and after notice was served you need to file complaint within 30 days

H. S. Thukral (Expert) 27 July 2010
If it were a gift, then no case shall be maintainable under section 138 NIA
Rajeev kulshreshtha (Expert) 27 July 2010
In case of gift cheque the provision of 138 NI ACT not attracted because there is not a legally enforcible debt.
s.subramanian (Expert) 27 July 2010 cannot proceed under sEc.138 since it is only a gift cheque and not issued for dicharging any legally enforceable liabiltity.
Madhav Dongre (Expert) 29 July 2010
I agree with Mr. S. Subramaniam , Mr. Kulshreshtah and Mr. Thukral . As the cheque was not given for discharing the liability ,case under sec 138 will not be maintainable.

Chanchal Nag Chowdhury (Expert) 29 July 2010
A Gift cheque is usually a pre-paid cheque. How/why did it bounce?
If your F-in law had given his individual cheque, U cannot do anything about it as it was not for discharge of a debt.
M/s. Y-not legal services (Expert) 05 December 2010
You can't file a case against your father in law under n.i act.. Yes the cheque should be issued for discharge the legal enforceable debt. Otherwise the case not maintainable.
Advocate. Arunagiri (Expert) 05 December 2010
Is there any legal liability?
What is the date of the Cheque?
What is the date of dishonour?
Provide the above info for getting a correct reply.

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