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Nandagopal Rao (Retainer)     16 October 2012

Notice & complinat u/s 138 ni act

Sirs,

Whether one single notice and subsequently one single complaint be filed u/s 138 for dishonour of 10 cheques all issued by Mr. A to Mr. B towards security of repayment of loan ?  Kindly quote suitable latest Judgment of SC or HC in support of the answer.  At the same time please examine provisoins of Section 219 of Cr.P.C. in this regard, before answering the query.



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 5 Replies

sridhar pasumarthy (ADVOCATE)     16 October 2012

Yes.  Composite notice and complaint are maintainable when parties are same and when the cheques were issued with respect to the same transaction.

Section 219 Cr.P.C. has no room here because no need to frame any charges in a Cheque Dishonour Case. 

Arvind Singh Chauhan (advocate)     16 October 2012

Search the judgment on exact point- / 138 NI act- as it is maintainable

 

B. Venkat Narendra Prasad & Anr V/S State of A.P. & anr- Crimes 2003, Vol-3, Andhra Pradesh page-76

 

specially go through the para 16, where SC's judgment is also referred, regarding 218,219 Cr.P.C as suggested by Mr. Sridhar.

Chetan Joshi (Advisory/Advocacy)     17 October 2012

Couple of pre requisites to be fulfilled before answering the query!

 

I agree with Mr. Sridhar. Cognizance is taken based on a complaint U/S 142.

Be aware of time frame mentioned in 138(a)  138(c) and 142(a)..

 

Thanx

Nandagopal Rao (Retainer)     17 October 2012

Thank you so much dear members.  How about obtining letter from Mr. A acknowledging debt with one single cheque in lieu of all 10 bounced cheques, in answer to notice u/s 138 issued by Mr. B?  Thereafter, issue fresh notice u/s 138 for bouncing of that one single cheque?; 

Nandagopal Rao (Retainer)     05 November 2012

Dear Members,

Notice u/s 138 NI Act is sent just 2 days before expiry of limitation period.  Folloiwng two questions to be answered :-

(a) Served after expiry of 30 days.  Whether complaint is maintainable?

(b) Returned unserved after expiry of 30 days with postal remarks "address left" or "door locked".  How to file complaint?


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