Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Adv. Subhadeep Saha (Lawyer.)     10 July 2013

Maintainability of case of cheque dishonour.

After receipt of information from the bank regarding dishonour of a cheque complainant issued demand notice to the accused on 06-06-2012. On 29-06-2012 complainant issued another demand notice. The first notice was received by the accused 17-06-2012. The second notice was issued by the accused on 05-07-2012. No payment having been made by the accused, complaint filed a 138 case on 12-08-2012 against the said accused. Whether the complaint is maintainable?


 3 Replies

subrata chandra polle (advocate)     10 July 2013

Kindly inform me the contents of the second notice wherein is there any averment as to withdrwal of first notice.

Adv. Subhadeep Saha (Lawyer.)     11 July 2013

The second notice does not contain any such averment.

Srinivasa (IT)     23 August 2013

If cheque is dishonoured/bounced, then what is the proceedure to file a case legally? Thanks in advance.

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