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Bunny Chintu   23 April 2024

can we file a case under section 138 of NI act with out promissory note.

Dear learned experts, can't we file a case under section 138 of ni act with a cheque without a promissory note as there are so many opinions in this regard .kindly advise on this.Thanq.


 3 Replies

Real Soul.... (LEGAL)     23 April 2024

Under N I Act there is no such requierment, you can file the complaint if your cheque for debt is dishonoured, it is not essentail to have Promissory Note. Just you have to prove the transaction

T. Kalaiselvan, Advocate (Advocate)     23 April 2024

It is a cheque bounce case.

The promissory note is just an additional evidence for the money transaction and it is not a mandatory requirement.

The case will be conducted for cheque bounce offence alone.

Therefore it is not a mandatory requirement.

Advocate Bhartesh goyal (advocate)     23 April 2024

For filing complaint u/sec 138 N.I.Act dishonoured cheque,cheque return memo,notice issued to accused ,postal receipt and acknowledgement of notice are essential documents besides above , documents which proves legally enforceable debt or liability are to be filed.

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