Notice138n.i.act
Querist :
Anonymous
(Querist) 12 January 2012
This query is : Resolved
RESPECTED SIR,SOME CONFUSION TO SERVE NOTICE UNDER SEC.138NIACT.PLEASE DIRECT ME.3LACS RUPEES GIVEN BY ME 4 LAND PURCHASE AS TOKEN,BUT NOTICEE HAS SOLD THAT LAND TO OTHER N HE PROMISED TO RETURN MY MONEY.HE GAVE ME 2CHEQUES AMOUNT OF 1,50000/RUPEE EACH.1CHEQUE I PRESENT IN BANK DATED 10 OCTOBER 2011 ON DATE 11.10.2011 THAT WAS BOUNCED BY BANK[INSUFFICIENT FUND].I INFORMD NOTICEE ABT BOUNCE CHEQUE ORALLY,HE REQUESTED 4 SOME TIME TO PAY ALL AMOUNT 3,00000/RUPEE BUT HE WAS NOT PIAD ,THE NOTICE TIME OF BONCE CHEQUE ACROSSED MORE THAN 30 DAYS.THEN I PRESENTED 2ND CHEQUE WHICH GIVEN BY NOTICEE SAID AMNT 1,50000/RUPEE DATED 19.10.2011 ON DATE 22.12.2011THAT WAS ALSO BOUNCED BY BANK [INSUFFICIENT FUND].PLEASE GUIDE ME HOW I CAN SAND NOTICE UNDER 138 N.I.ACT TO CLAIM MY TOTAL AMNT 300000/RUPEES.CAN I CLAIM 300000/RUPEES BY SECOND BONCED CHEQUE NOTICE WITH THE REFERANCE OF 1ST BOUNCED CHEQUE OF AMNT 1,50000/?PLEASE GIVE ME DIRECTION TO SAND NOTICE .THNX
Raj Kumar Makkad
(Expert) 12 January 2012
You can just mention about the bounce about first cheque in the same notice but cannot demand more than Rs. 1,50,000/- however you may intimate him that you are initiating separate action against the first cheque matter. You may provide full reference of his liability towards you.
You should not get get the limitation expire and require quick action.
You can file a civil suit for recovery qua the first cheque.
R.Ramachandran
(Expert) 12 January 2012
Dear Mr. Makkad,
If there is validity for the cheques, can't the querist represent the cheques, and if they get bounced once again, can't a notice u/s. 138 be issued within time? In that case can't he claim both the amounts of Rs. 1.5 lakhs?
Please note, the querist says that he has not issued any legal notice. When no legal notice has been issued, then the querist can definitely represent the cheques, get them bounced, and then issue the Notice within time.
Advocate. Arunagiri
(Expert) 12 January 2012
You can present the cheque for any number of times within 6 months of its date. So, you can represent the first cheque. issue notice.
The second cheque is also bounced, issue notice for that also.
So, you can claim Rs. 3 lakhs.
Shonee Kapoor
(Expert) 12 January 2012
Rightly advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 12 January 2012
Sorry Ramachandran ji Shonee ji, Barman ji & Aruanagiri ji!
The querist has told us that second cheque was bounced on 22.12.2011 so I have rightly advised him to issue legal notice qua that cheque. there is no need to re-present that cheque and directly notice is required to be sent as one month time has not expired.
So far first cheque is concerned, it was bounced on 11.10.2011 but no notice in writing was sent, however, Oral notice had been given by complainant. Oral notice fulfills the condition of notice hence it is highly risky to re-produce such cheque for collection and get it re-bounced and then to serve again notice and then to file complaint. so I had advised accordingly.
There is no sense to club both the chques.
Deepak Nair
(Expert) 13 January 2012
I too am of the view that you can reproduce the cheque in the bank for realisation and on dishonour of the same you can send a notice.
