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NEGOTIABLE INSTRUMENT ACT (SECTION 138)

(Querist) 12 June 2008 This query is : Resolved 
Sir,
I am a wholesale paddy trader from Gondia,Maharashtra.
A person who bought 5 truck of paddy from me has given me a cheque of Rs 5lacs.
But it is dishonoured by his banker with reason "the payment is stopped by the drawer".I sent him a notice through my lawer.He replied that the cheque was missed and he has also done a FIR in the police station.Now what is the way to recover my money.Please suggest me.
Aniruddha.P.Pawse (Expert) 12 June 2008
Hi Ranjit,
If you have got any proof like challan that he had purchased paddy from you then sent him a bill and ask him for immediate payment.
Rgds,
deepak kumar (Expert) 13 June 2008
you can contact the investigating agency where the alleged FIR has been lodged with your supporting documents and explain the situation to the investigating officer, the police may belive your case and recommend action under relvent sections of the IPC against him.
And you should file a criminal case against the person issuing cheque under N.I.Act and relevent sections of IPC at the earliest.
arunprakaash.m. (Expert) 13 June 2008
still you have every right to procecute the person under section 138 og negotiable instrument act and also under civil law.
H. S. Thukral (Expert) 13 June 2008
If there is time ( within 1-1/2 months of issuance of notice)file a complaint under section 138 of NI Act. Let him prove during the trial what he says now that the cheque was lost. The malice of stopped payment instead of insufficient funds is also covered in the intention of Negotiable Instruments Act. If sufficeint time has already elapsed file a complaint with the Police or with the Magistrate. You can also recover in civil law. Keep the evidence regarding sale invoices, shipping bills etc. handy.
Ranjit Asati (Querist) 19 June 2008
Thanks to all of for your precious advices.
Kiran Kumar (Expert) 19 June 2008
S. 138 NI liability stands intact in your case....file the complaint without any delay.

civil remedy for recovery is also available to you.

if he pursues with the FIR then do cooperate with the investigation and support your case with all the relevant documents. You must have the proof of transaction and the delivery.
Ranjit Asati (Querist) 16 October 2008
Tahnks to all


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