Section 138 ni act

Guest (Querist) 07 August 2011 This query is : Resolved
A cheque amounting to Rs. 1,50,000 without dated and not indicating withdrawers name has been lost in the year 2008 and an information to this effect has been communicated to bank immidiatly. In the year 2011 (February) a person presented the cheque and that was dishonered after this he sent notice and the reply was given to him in April 2011. In August 2011 he filed a case and summon is received to appear in the court.
I want to know that this case is maintanable or not and whether this filing of suit is time barred.with due respect to all ld members

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 07 August 2011
Complaint under section 138 NI Act in the given facts is not maintainable so file a revision before Sessions Judge against summoning order.

If civil suit for recovery has been filed then it is maintainable and all other things like intimation to bank etc. shall come into consideration at very late stage.

Guest (Expert) 07 August 2011
i agree with Mr. Makkad

M/s. Y-not legal services (Expert) 07 August 2011
Repeated query. Your this query posted earlier once. We gave some advise to you..

prabhakar singh (Expert) 07 August 2011
Expert Raj kumar makkad has aptly advised you.

Ajay Bansal (Expert) 08 August 2011
Complaint is maintainble.However you can be aquited from said complaint,if you prove your aforesaid defence in question in court.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries