Section 138 of n.i.act
Querist :
Anonymous
(Querist) 22 August 2011
This query is : Resolved
Dear all,
My company receiver a purchase order alongwith two post dated cheques for Rs. 2,00,000/- each towards supply of material amounting to Rs. 4,00,000/-. Accordingly we supplied the material amounting to Rs.3,50,000/- and the said deficit supply was communicated to the other party and asked them to replace one cheque by issuing a cheque of Rs. 1,50,000/- they verbaly agreed to replace the cheque but did not replace the same.Now having no other alternative we deposit two chequed and they have bounced due to insufficiency of fund after that several time we have tried to communicate with him but he did not received our phone call. So in that circumstances what should I do, Should I make a demand notice under section 138b for making payment of Rs. 400000/- or for actual amount of material supplied to him as his liability is only for Rs. 3,50,000/-. What are the provision of law incase we hold higher amount of cheque then acutal date. Please advice.
Nadeem Qureshi
(Expert) 22 August 2011
Dear
As you write that your total outstanding amount is 350000/- and you have two cheques of amount Rs. 200000/- each, according to law(NI ACT) you can only send the legal demand notice for a sum of Rs. 200000/- only and rest of the amount you can be recovered by Civil Suit. if you denand higher amount then you can not succeed in your criminal proceedings.
if any clarification feel free to contact 9953809956 at any time
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 August 2011
Dear sir he says he has supplied materials of 3.5 lacks and presented cheque of 4.00 lacks which are bounced. No remedy by criminal complaint.He should have presented one cheque only.
ajay sethi
(Expert) 22 August 2011
you made biggest mistake . as against outstanding dues of 3.5 lakhs how can you present cheque of rs 4 lakhs .
no criminal complaint under section 138 is maintanable . file summary suit for recovery of rs 3.5 lakhs
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 August 2011
Even if the presumptions are there in NI ACT the accused has legal right to rebut them which is more simple , sure and easy., and complainant make mistakes on one or more points/ steps., in over confidence as in this case.
Querist :
Anonymous
(Querist) 22 August 2011
Dear sir,
I have not issue demand notice , if I issue two individual notice against each cheque then one case will sustain and another may be not maintainable. Please advise
SANJAY GUPTA
(Expert) 22 August 2011
Yes u issued indivisual notice for the indivisual cheque and file two seperate case against accused person. See the demand notice period is not over.
Guest
(Expert) 26 August 2011
jsdn,
The author of the question asked for the remedy ato his problem along with the provision of law. When you are expert in cheque bounce cases, you were supposed to give the appropriate answer, but both of your answers don't suggest any remedy to him, rather the following reply has been posted in favour of the accused:
EXTRACT OF YOUR REPLY
"Even if the presumptions are there in NI ACT the accused has legal right to rebut them which is more simple , sure and easy., and complainant make mistakes on one or more points/ steps., in over confidence as in this case."
Any reason for favouring the accused, by not suggesting remedial measure to the author of the question?
