Latest SC version on NI Act.

Cheque can be presented to Bank for collection any number of times during its validity and last dishonour could be treated as cause of action to serve notice on drawer and file complaint under Section 138 - However, if once payee sends notice demanding payment from drawer of cheque then he loses his right to present the cheque again to Bank.

yes..! you ca deposit cheque end number of times .... u jus wnt to make indication in ur plaint that u had deposit such cheque several times but it got dishonoured....but as rightly said by mr rakesh once you hd given a mandatory notice under negotiable instrument for criminal procedin thn u cant deposit the cheque again u have to file the case within 15 days of giving notice. make sure to file case well within limitation period

regards.

husain

  view of Both friends is 100/- right

I agree with the comments of  Mr.Rakesh above

NO SUCH SD JUDGMENT ON NI ACT, BUT RECENT JUDGMENT SAYS THAT ANY POSTDATE

CHQ MUST BE SENT TO BANK WITH THE CONCERNT OF DRAWER,IF IT BOUNCE THEN ONLY 138 ATRACTS.

Reddy sir,

Can you give the citation of the Judgement referred by you?

I AM COMPLETLY AGREED WITH MR RAKESH U CAN DEPOSIT THE CHEQUE MANY TIMES IN SIX MONTH

NANDKUMAR B.SAWANT .M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nankumarbs@sify.com

 REGARDING THE N.I.ACT.SECTION 138 AND NOTICE KINDLY NOTE THAT.

1.YOU HAVE TO SEND A LEGAL NOTICE ABOUT DISHONOUR OF CHEQUE TO THE PERSON WHO ISSUED THE SAID CHEQUE. AND DEMAND THE REPAYMENT OF CHEQUE AMOUNT WITHIN LIMITATION PERIOD AS PER N.I.ACT PROVISIONS .

2.AFTER THE SERVICE OF NOTICE ON ACCUSED IN CASE PAYMENT OF CHEQUE AMOUNT IS NOT MADE WITHIN LIMITATION PERIOD THEN YOU MAY FILE THE COMPLAINT UNDER SECTION 138 OF N.I.ACT WITHIN ONE MONTH FROM THE LAST DATE OF PERIOD OF LIMITATION AFTER SERVICE OF NOTICE IS OVER .

3.IN YOUR CASE YOU HAVE DEPOSITED CHEQUE SEVERAL TIMES ,IT IS ADVISIBLE TO COLLECT FRESH CHEQUE FROM ACCUSED IN CASE HE IS WILLING TO GIVE YOU THE SAME WITHOUT ANY COMPLICATIONS.ONCE YOU GET THE FRESH CHEQUE THEN STRICTLY FOLLOW THE PROCEDURE UNDER N.I.ACT FOR ISSUE OF NOTICE OF DISHONOUR OF CHEQUE AND FOR FILING THE C ASE. PLEASE NOTE.

4 BUT IN CASE SUGGESTION AT SR.3 IS NOT POSSIBLE THEN YOU MAY PROCEED WITH THE MATTER AND FILE A COMPLAINT AS EXPLAINED EARLIER.

5.IT IS FURTHER ADVISIBLE TO FILE A CIVIL SUIT WITHIN LIMITATION PERIOD FOR RECOVERY OF ARREARS OF OUTSTANDING AMOUNT WITH INTEREST AND DAMAGES COST AND COMPENSATION FOR MENTAL TORTURE AND HARASSMENT. YOU WILL DEFINETELY SUCCEED.

IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS OR WRITE OR CALL.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT .M.COM.LL.B.(MUMBAI),ADVOCATE

I AGREE WITH NANDKUMAR.