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naag (law officer)     05 October 2010

138 of N I Act

one my friend got a file of 138 of N I Act and this case has came to him by way of NO OBJECTION VAKALAT

the case is about 138 of N I Act and only CHEQUES had issued and there was no promissory note and also filed 4 No's of cheques  at a time  as single case, is it maitainable under 138 of N I Act or any other relief, kindly reply.

NAGA RAJU

HYDERABAD  



Learning

 3 Replies

ishaq mohd (advocate)     05 October 2010

first you have to deposit cheque for collection and on dishonour alegal notice for asking payment within 15days have tobe issued then you can file 4separatecase within amonth

DEEPAK ASSOCIATES (08010117611)     06 October 2010

If a single notice has been served against the four nos of cheque, then it is maintainable.

Otherwise three cheques can be conslidate in a case u/s 219 CrPC.

The presumption as per section 118 of  negotiable instrument Act is in favour of complainant until the contrary is proved

naag (law officer)     06 October 2010

Thanx alot sir for ur reply to my case

it gives me great stregnth to lead my case

in a proper way.

with regards 

M. NAGA RAJU

HYDERABAD 


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