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Adv. Anjali Joshi (self)     17 September 2011

Offence u/s138 when two cause of action

Mr A obtained a loan from B bank  of Rs.100000 and given post dated 2 chs of Rs. 50000 each. and returned both chs with note  "Insufficint Funds"  Mr A has served notices for both chs. after reciving 1st notice Mr A has paid Rs. 25000 aginest two chs. after that Mr. A has not paid any amount, again bank has presented both same chs. that chs also  returned both chs with note  "Insufficint Funds" again notice has been served to Mr A. In one month period the complain has been launched. complaint in tenable or not in eye of law.  (Two cause of action forone ch.)                                                                                                                        



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 2 Replies


(Guest)

this complaint is not maintainable in the court..........  for same offence two cause of action can not be treated valid.. ideal case for quash the complaint before the high court u/s 482 of cr pc

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 September 2011

Dear anjali

There is no provision in Negotiable Instrument act regarding second notice.

so this complaint is not maintinable in eyes of Law


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