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Rama Krishna   17 August 2018

Cheque bounce

government gave cheque for competition to victim in an accident case, but the cheque was dishonored by insufficient funds in three times . Can the victim file section 138 NI Act against government?



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 3 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     17 August 2018

1.  Cheque Bounce Case can be filed against the Govt. Dept., jointly with the executive signatory.  There are no exemptions to Govt. Depts.  It will be court's discretion to decide whether the "accident compensation cheque" falls under the criteria of "liability" as required u/s 138 of N.I.Act.

2.  HOWEVER court may insist upon prosecution permission from the Head of Dept.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com


(Guest)

Yes sir, The holder of the cheque can file a case against the Govt., because it is presumed that the cheque is issued as a part of legally enforceable debt. However, it is pertinent to note at this juncture that a cheque is valid only for 3 months. Hence if the cheque is presented within its validity tme, and got dishonoured for any reason, for instance.. "Insufficiency of funds etc", the holder need to immediately [within 3o days, from date of the cheque dishonour memo] do serve a demand legal notice to the Govt, asking to repay the cheque amount within clear 15 days from date of receipt of legal notice, failing which you can file a cheque dishonour case.

Note: If the cheque dishonour notice is not given within 30 days from date of cheque dishonour memo, a cheque dshonour case is not maintable in court of law.

Reagrds,

Balachander Reddy, B.Com,LL.B,LL.M IPR

High Court Advocate

Mobile/whatspp# 9959850723

email : advocate.bcreddy@gmail.com

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     17 August 2018

Be assured no court will  issue process.

Best way is follow up and get new cheque- you are interested in your money only.


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