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sanjay haritwal (prop)     20 July 2023

If dishonor notice issued for 2 cheque, can prosecution be filed for one cheque only?

My predecessor has issued notice for TWO dishonored cheque but apparently the notice is delayed for one cheque and intime for the other.

since 15 day period is already over, i cannot issued another notice.

Please advice if i can file complaint for only one cheque using that notice ???

any citation on this point will be appreciated



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 10 Replies

Real Soul.... (LEGAL)     20 July 2023

Yes you can file for one cheque ; if the memo of other chque is hit by limitation laready ,just you present the cheque again in the bank and get fresh memo and issue notice again for that cheque-tips and tricks

sanjay haritwal (prop)     20 July 2023

The stage is long gone..... the complaint is at judgment stage ....

now can the court say that the demand notice is defective is the Q........

 

Real Soul.... (LEGAL)     20 July 2023

Then you can do nothing for one cheque, but proceed for another cheque

Advocate Bhartesh goyal (advocate)     20 July 2023

Yes, complaint can be filed on basis of cheque which comes under limitation .

sanjay haritwal (prop)     20 July 2023

Yes, complaint can be filed on basis of cheque which comes under limitation ................................

THIS HAS BEEN DONE AND COMPLAINT FILED FOR ONE CHEQUE ..... now at judgment the magistrate has asked me to statisfy that the notice is not defective and the demand is proper for conviction ......

 

Dr. J C Vashista (Advocate and Legal Consultant)     21 July 2023

The period of issuance of demand notice is 30 days and not 15 days, reconcile your facts accordingly and initiate necessary action.

sanjay haritwal (prop)     21 July 2023

accepted that notice period is 30 days ..... BUT 

"now at judgment the magistrate has asked me to statisfy that the notice is not defective and the demand is proper for conviction "......

this is my present query because complaint filed for one cheque and demand is made for 2 cheques.

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 July 2023

It appears that you are not stating all facts. You received 2 cheques from one person. Both the cheques bounced at the same time or at different times. You send 2 separate demand notices to the issuer of the cheques. One demand notice was sent within the period of liitation. The other demand notice was sent beyond the limitation period. The two are two separate issues. In the case in which the demand notice was sent within time action can be taken against the accused. Because the other notice was beyond the limitation time it will no way affect the notice sent within time. If the magistrate or lawyer of the accused is saying that the notice sent within time was defective, there may be some other reason. Or did you send a single notice for both the cheques? Even so the notice is valid for the cheque the notice for which was sent within time. But things are a bit confusing and a clever lawyer of the accused can confuse the magistrate.

P. Venu (Advocate)     25 July 2023

Yes, the querist is playing with the facts.

First of all, what does he mean by "my predecessor". An action under NI 138 needs to be filed and prosecuted by the payee of the cheque that has been dishonoured. How come there is a predecessor?

Secondly, the statement "now at judgment the magistrate has asked me to statisfy that the notice is not defective and the demand is proper for conviction ...." is really astounding. Is it the case that the Hon'ble Magistrate is drawing up the Judgment in consultation with you without even hearing the accused and his counsel?

Perhaps, you can post simple facts avoiding your subjective opinion.

 

Sanjana Mohanty   26 July 2023

Yes, prosecution can be filed for one cheque only if the notice has been timely for that particular cheque. Since the 15-day period is already over, you cannot issue another notice. As per legal advice, you can file a complaint for only one cheque using the timely notice.


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