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venkatramana babu.s (executive directer)     18 December 2012


dear sir, this is regarding issuence of nine postdated checks for rs.50,000 each totalling to 4.50 lacs to discharge the liability pertaining to two chits,..but the complainant in his leagal notice and comlaint refers  to dues in only one chit,..and files the case claiming for dues in one chit only...my question is.

1. is the leagal notice and comlaint wrong or not.

2. can we be prosicuted under sec;138 for wrong notice and complaint.?


s.venkatramana babu



 4 Replies

Sudhir Kumar, Advocate (Advocate)     18 December 2012

vague query                 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 December 2012

1. no, legal notice is not wrong

2. you can be prosecuted u/s 18 of NI Act

Shailendra prasad singh (Lawyer)     19 December 2012


complaint petition alleging commission of an offence under Section 138 of the Act must demonstrate that the following ingredients exist, i.e.:

(a) a cheque was issued;

(b) the same was presented;

(c) but, it was dishonoured;

(d) a notice in terms of the said provision was served on the person sought to be made liable; and

(e) despite service of notice, neither any payment was made nor other obligations, if any, were complied with within fifteen days from the date of receipt of the notice.

Vipin Kumar Marya (Advocate)     25 December 2012

Dear venkatramana babu.s

Whether the Chit fund Co. is registered. if not they cant file a complaint for offence U/s 138 NI Act.

If they are doing business with license or duly registered then you have to prove the amount paid and due and that you have settled the amount due.

The above points are in breif indicators. you can contact me for further clarification on the tecnicalities.


Vipin Kumar Marya 


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