(Querist) 21 January 2009
This query is : Resolved
customer issued 6 cheques to the non banking financial corp, but all cheques were dishonoured due to reason insufficient funds. there are different memo reciepts along with each cheque. can we use 6 cheques in a single complaint u/s 138.
(Expert) 21 January 2009
Yes provided that they come within limitation.
(Expert) 22 January 2009
If each transaction is not distinct and separate you can file it other wise sepearate cases are good. Some more elaboration of facts required for a detailed reply.
(Expert) 23 January 2009
Dear Mr. Kanwar, As per Sec. 219 of Cr PC, a complaint under Sec. 138 of NI Act may include maximum of three cheques. But, however, most of the Courts have recognized that even a single complaint may lie for more than three cheques. However, a single notice may be issued for even 50 dishonoured cheques.