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Section 138 of niact

(Querist) 09 October 2014 This query is : Resolved 
Sir/Madam,

Can anyone suggest me, what is the procedure to be followed in case of non-cts cheques (old cheque)? I think there is no chance of filing PCR for the cheque bounce case. Is it possible of filing a case for recovery of money on the basis of old cheque i.e., non-cts cheque? Is there any remedy for old cheques?

Dr J C Vashista (Expert) 10 October 2014
Vague query
Anirudh (Expert) 10 October 2014
First indicate the value of the cheque - this is necessary because depending upon that appropriate answer can be given. If the value of the cheque is very small, then the suggested answer may not be worth.
Rajendra K Goyal (Expert) 10 October 2014
If the non CTS cheque returned for insufficient funds or reason other than CTS objection, case can be filed.
Rajendra K Goyal (Expert) 10 October 2014
If the non CTS cheque returned for insufficient funds or reason other than CTS objection, case can be filed.
ajay sethi (Expert) 10 October 2014
you can file complaint for cheque bouncing on dishonour of non CTS cheque
Advocate Bhartesh goyal (Expert) 10 October 2014
Complaint u/sec 138 of N.I.Act can be filed on dishonour of non CTS cheque.
V R SHROFF (Expert) 10 October 2014
Hellow, u r am practising in Mysore (Karnataka State) since 10 years.

Is it your client's legal matter??
T. Kalaiselvan, Advocate (Expert) 15 October 2014
I think the author is taking advantage of the advised rendered here by experts for his client's matter and earn revenue without putting his own efforts(?)
Swathi S Bhat (Querist) 04 November 2014
Mr. T. Kalaiselvan,
Is it wrong in discussing any legal issue by an advocate? If you are not interested don't answer.
Swathi S Bhat (Querist) 04 November 2014
Thank you for all the colleagues for their views.
Guest (Expert) 04 November 2014
There is no harm in Advocates Placing Queries in the Thread.You have been attended perfectly by Senior Experts also.Just Relax ,Be Cool and Continue.All the Best
Guest (Expert) 04 November 2014
Ms. Bhat,

First of all, you have not mentioned, whether your client has depositied the cheque and that has been dishonoured for want of funds and what is the reason of your doubt, whether to deal with the case u/s 138 r not.

In the instant case, everything depends upon return memo of the bank. CTS or non-CTS cheque, if dishonoured on account of insufficient funds, that attracts the provision of section 138 and same procedure, as prescribed for dishonour of cheque has to be followed.

Secondly, your arrogance does not have any relevance against some other experts, who have pointed about your being an advocate. In fact, before posting your query, you were expected to give a brief introduction of yourself and made a mention about thye reason for your own doubt, why you have such an opinion.

So, for future, I hope, you would better try to make clear about who you are and on account of what doubt you need the help of your advocate brethren. Everyone would be happy to try to solve your tangle.

You may like to appreciate that problem of client is solved in layman's language, while an advocate' doubt has to be analysed appropriately to make him/her understand the legal implication in right spirit to help him/ her to effectively deal with the case of his/her cleint.


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