N i act section 138

ABC (Querist) 03 October 2014 This query is : Resolved
I GOT THE MEMO OF STOP PAYMENT BY DRAWER.I COULD NOT GAVE THE U/S 138SECTION NOTICE. BUT AGAIN I APPEAR THE CHEQUE AFTER 2 MONTH IN THE BANK AND THE BANK GAVE THE RETURN MEMO OF STOP PAYMENT BY DRAWER.AFTER THAT I GAVE THE NOTICE (U/S 138) TO ACCUSED.CAN I TAKE ACTION AGAIST ACCUSED AS PER 138 SECTION.

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Ankit Jain (Expert) 03 October 2014
yes you can take action. as in a recent case apex court say that it provide a fresh cause of action

Dr J C Vashista (Expert) 04 October 2014
Yes, it is maintainable u/s 138 of the NI Act

ABC (Querist) 04 October 2014
accuse have sufficient fund
what is merit for this case

Rajendra K Goyal (Expert) 04 October 2014
You can file case u/s 138 NI Act. Cheque has been dishonored.

Anirudh (Expert) 04 October 2014
You have lost the opportunity. You ought to have given the notice within time when you got the bank intimation regarding bouncing of cheque due to 'stop payment'.

Once the cheque had been returned 'stop payment', you have no option but to issue the notice, if you desire to pursue Sec. 138 action. Unlike in the case of 'insufficient funds', you have no option to present the cheque again.

Therefore, now you can only file a suit under Order 37 CPC for recovery of money.

ABC (Querist) 04 October 2014
Dear
mr. anirudh
if have you any judgement?
i want
thanks

ajay sethi (Expert) 04 October 2014
repeated query

Rajendra K Goyal (Expert) 04 October 2014
Repeated query:

http://www.lawyersclubindia.com/experts/Ni-act-138-section-500366.asp#.VC_nMPmSyn0

Advocate Bhartesh goyal (Expert) 04 October 2014
Mr Anirudh is absolutely right,icompletely agree with him.Once cheque returns due to "stop payment and account closed"payee ought to have issued notice u/sec 138{b} of N.I.Act to drawer within 30 days of intimation received for dishonour of cheque,subsequent presentation of cheque for collection the amount does not give limitation fresh.

Anirudh (Expert) 04 October 2014
Without accepting my views, if you file a complaint u/s. 138, a decision will be given in your case. That itself will be a judgment for you. I need not cite to you any other judgment.

T. Kalaiselvan, Advocate (Expert) 08 October 2014
You better approach a local lawyer, apprise him with the complete details and seek his opinion on further steps.