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abhijeet   18 August 2016

Cheque dishonour case

can a second complaint be filed on the self-same cheque after the first complaint got dismissed on ground of default.


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 3 Replies

jyotirmaya behera (advocate)     18 August 2016

  1. the matter is already decided then how can again decide without appeal.
  2. There is a limitation period if the person has filed petition under Sec. 138 of N.I.Act after the lapse of the period then that is not mentionable.

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     18 August 2016

If the first complaint has been dismissed in default, then the remedy lies in the form of an appeal / revision depending on the stage of the case.

A second complaint shall not be maintainable.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Advocate Bhartesh goyal (advocate)     19 August 2016

Second complaint is not maintainable .

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