One of Friend is having an issue with the a Cheqeue.
My friend and his father has taken 1Lack and 2 lakhs seperately from the one person in June 2013 and my friend gave a Blank cheque and seperate DP note e for 1lakh bearing his name and the other DP note is of his fathere name but his father has not given any cheque. Recently my friends father has expired in July.
The person who has given the amounts have forced my friend to pay his amount and also his father amount with in 30 days.He said that he has the blank cheque with him and will exceute the cheque for the entire amount of 3 lakhs.
The person has submitted the cheque in the bank on 25th sep 2013 and an amount of 200 rupees have been dedcuted form my friends bank account saying that "DEBIT CQ ****** RETD".The Lending person has sent a notice to my friend on 25th sep 2013 regarding the dishonour of the cheque and asked my friend to pay the amount with in 15 days or else he will file the case against my friend as per NI act 138.
My friend appointed his lawyer and sent a reply for the same with in one week from the recepit of the notice.
My friend have not received any letter from the bank regarding the dishonour of the cheque.
Now it has been more than 30 days and still I have not received any summons for the same from the honourable court and I dont know whether the lender has filed a complaint against me or not.
If he files a case against me now as per NI act 138 can this be a valid case and can u please tell me the limitatins for the NI 138 act case.