NI Act

Anoop Kumar (Querist) 23 December 2013 This query is : Resolved
If a cheque given to a party,does not return by him.There are no dues towards him.An e-mail is send to him requesting him to return the cheque or else the same would be deemed to be cancelled.Does NI Act attract in this case, if a case is filed.

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Devajyoti Barman (Expert) 23 December 2013
Yes, it would .

Raj Kumar Makkad (Expert) 23 December 2013
You have not mentioned about the reply of the accused person against the notice sent by the complainant after the bouncing of such cheque.

138 NI Act depends upon many such factors.

Anoop Kumar (Querist) 23 December 2013
Notice not received and returned by postman endorsing that receiver was not available.

Dr J C Vashista (Expert) 24 December 2013
The author appears to be an expert, testing caliber and efficiency of other experts

Nadeem Qureshi (Expert) 24 December 2013
yes, ni act will attract if the complainant file a case under section 138 of ni act but this mail willl be use as defence evidence in the case at the time of defence evidence.

R.K Nanda (Expert) 24 December 2013
nothing to add more.

Rajendra K Goyal (Expert) 24 December 2013
Are you referring the case of same cheque you have referred in your query, if so adequately advised earlier:

http://www.lawyersclubindia.com/experts/NI-Act-443161.asp#.Urkl5eKLq_I

http://www.lawyersclubindia.com/experts/Security-Cheque-443071.asp#.UrkmiuKLq_I

Guest (Expert) 24 December 2013
Better state the real problem than putting academic query and then supply information in cuts & pieces on the queries raised by the experts.

V R SHROFF (Expert) 24 December 2013
Issue Legal notice by RPAD to rtd chq

ajay sethi (Expert) 24 December 2013
agree with experts

T. Kalaiselvan, Advocate (Expert) 24 December 2013
expert Mr. Nadeem has given proper opinion but the author is obliged to answer expert Dr. Vashist's point raised here.

Guest (Expert) 24 December 2013
You could have received some some befitting opinion had you stated the exact position including what action you have already taken to sort out your problem.

Have you already sent an email to the payee/holder of the cheque?

T. Kalaiselvan, Advocate (Expert) 24 December 2013
I agree with Mr. Dingra's opinion too.

Anoop Kumar (Querist) 24 December 2013
Yes, an e-mail already sent.Ignoring it the cheque presented to the bank without any intimation to me. Notice sent which not received by me as my wife was injured and I was out of town for her treatment.A case filed during this period and I was not aware of it .Even I didn't receive any summon.

Devajyoti Barman (Expert) 25 December 2013
Go to high court and file quashing.

Anoop Kumar (Querist) 28 December 2013
When a notice is undelivered and returned with an endorsement that receiver is not available,will it be deemed to be served or not...?
In my case it was returned and I was not aware of it.

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