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mastanrao.bhogadi (advocate)     10 October 2008

138N.I.ACT

Sir,

I have a doubt in N.I.Act. A issued a cheque in favour of  B for Rs.2,00,000/- for printing his book. Subsequently, B made a part payment of Rs.50,000/- by depositing the same in the online account of A. But  A presented the cheque of Rs.2,00,000/- for collection and the same was bounced for want of sufficient funds. A issued notice to B, but the same is not personally served on him. A filed a complaint against B. But he admitted in the complaint that B paid Rs.50,000/-.Sir, I may be clariffied whether the complaint is maintainable under Sec.138 of N.I.Act and B is laible for punishment?



Learning

 5 Replies

J. P. Shah (RTI & CONSUMER ACTIVIST)     10 October 2008

Yes, bouncing of cheque for want of sufficient balance and fact that cheque was issued for repayment of debt will prove the case against issuer of chq.

K.C.Suresh (Advocate)     11 October 2008

Yes maintainable

Kiran Kumar (Lawyer)     11 October 2008

complaint is absolutely maintainable.


in fact u ve enough evidence to get him convicted.

Pankaj Rai (Lawyer)     12 October 2008

complaint is maintainable u/s 138 N.I Act

Pankaj Rai (Lawyer)     12 October 2008

complaint is maintainable u/s 138 N.I Act.


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