Instances - sec 138

Dear Ravi

Even if the case u/s 138 NI Act diaproved during trial, the complainant can produce the cheque before the bank till its life. If at all not encashed from the bank, the complainant can file a money suit for recovery of money before the civil court.

I agree with Mr Bhawani.

well if the case of the complainant u/s - 138 has been disproved before the trial court .....

then complainant can go for an appeal/s before higher court/s .......

well a case u/s - 138 could take more than 6 months to conclude ........ so the cheque is actually dead by then ....... and cannot be presented before the bank ............... it's useless ..........

another option would be to initiate civil recovery suit on the basis of the cheque ......

You have not mentioned the name of trial court.Mr. Dharmesh Manjeshwar is correctly advised.

Is it must for the accused to take bail for cases u/s NI 138, even if he is wrongly implicated on the first DOH.

Secondly, Is it correct  to issue summon to an ex-Director of a company who is not even a signatory to the bounced cheque? Pls update your views on this.Regards Partho Bhattacharya

Yes bail has to be taken. Once the process is issued you have to fight in the court.

If the complainant has got a good case, it is advisable to file appeal. 

Otherwise, the complainant has to approach the civil court, if limitation permits. 

Proving a civil suit; easy for the holder of the dishonoured cheque, since the defendant also has got a burden to enter witness box.

Mere holding a dishonoured a cheque is not a guarantee for favourable orders against accused. The accused has got every right to rebut the presumption available under section 139 of NI Act.

Holders of bounced cheque pl do not remain in over confidence, you have to prove many things and accused has all the chances to come out of it. Once case is dismissed civil remedy is very defficult.

Dear Mr.Ravi,

You can approach the civil court for the realisation of money, attach the property if any belongs to the respondant under the pretext that there is every chance by the respondant to alienate his property to avoid the probable court order and execution against him. At the same time you can appeal the District court against the aqittal to punish him under 138 of NI Act

sir in case death nof complinant

sir ,

i want in ni act 138

in case death of complinant