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Goutam (Student)     19 September 2010

Solve the cheque problem which was givne by me 7 years ago.

Hi,

The cheque was given by me 7 years ago.

1.I had given a cheque vide dt.4-5-2003 to my friend for the payment of the debt which i had taken from him.

2. When i gave the cheque there was sufficient balance in my account.

3.After giving the cheque there is no legal action taken by my friend for the payment of that due amount till now.

4.In the recent days he is claiming or demanding for that amount and told me that he had not received any payment through the cheque which was given by me vide dt. 4-5-2003.

5. Now he is also said that the cheque was presented by him in the bank. But the money was not given him by the bank. EVEN he has not explained the reason that why bank stopped that particular transaction.

6. He is also said that many notices or reminder was given me by post for the not fulfillment of the above said transaction.

7. But no notice, reminder or even summons for this particular cheque or transaction has benn received by me till now.

8. According to my knowledge i have not done any fraud against him.

8.So Plz tell me that:-

(i)Now i am liable for this thing.

(ii) Can he file any suit regarding the cheque against me in the distt. court. now.

(iii) Any proceeding u/s 138 of Negotiable Instrument Act or u/s 420 of I.P.C can be started against me now.

 

( What is the time period for filing a suit for the dishonour of the cheques or for the proceeding u/s 138 of N.I Act/)



Learning

 6 Replies

R.Ramachandran (Advocate)     19 September 2010

Dear Mr. Goutam,

Action cannot be taken by your friend against you either under Sec. 420 IPC or under Sec. 138 N.I. Act.

This is the legal side of it.

Come to moral side:

You know that you borrowed the money.  You know that you have not repaid the money to your friend (according to you your bank account has not been debited.)  Agreed that at that time you had sufficient fund in your account when you issued the cheque and subsequently the fund got depleted.  But over the past 7 years had you made any attempt whatsoever to repay the amount or to explain to your friend your circumstances?  Even now are you willing and ready to pay the amount of loan taken by you to your friend?  Is this the way one has to conduct onself with one's own friend?  If this is the trend, do you expect any one else to come forward and help in times of need?  Don't you owe any moral responsibility?

Deepak Kumar Vasudevan ((Confidential))     20 September 2010

I believe a cheque is valid only for the period of six months from the date written on the face of it. If the recipient is acting as a smarta$$ depositing it after a sojourn slumber of six years (instead of six months) he alone needs to bear the loss. However if he has deposited a cheque before the period of six months and it has suffered a bounce or refusal and consequently if he has filed a litigation that may be active against you through the final verdict of the court no matter how long it takes.


(Guest)

KINDLY NOTE THAT IN CASE SAID CHEQUE WAS BLANK WITHOUT ANY DATE AND AMOUNT ON THE SAME THEN THERE ARE CHANCES THAT THE SAID PERSON CAN GET THE SAID CHEQUE DISHONOURED AND SEND YOU A LEGAL NOTICE UNDER SEC.138 OF NEGOTIABLE INSTRUMENTS ACT ON YOUR  LAST KNOWN ADDRESS .

AND MAY EVEN FILE A CIVIL SUIT FOR RECOVERY OF SAID AMOUNT.

YOU MAY KINDLY STOP THE PAYMENT OF SAID CHEQUE BY INFORMING YOUR BANK TO IN WRITING TO STOP PAYMENT.

KINDLY NOTE THAT IN ANY CASE UNLESS HE ISSUES A LEGAL NOTICE TO YOU HE CAN NOT FILE EITHER CIVIL SUIT OR A CRIMINAL COMPLAINT UNDER N.I.ACT PLEASE NOTE.

SEC.420 IT IS VERY DIFFICULT TO GET PROCESS ISSUED AS IT IS A CIVIL DISPUTE. AND THER E IS NO SUPPORTING AGREEMENT .PLEASE NOTE.

GOOD LUCK.

YOU MAY WRITE OR CALL OR SEND DETAILS FOR ANY FURTHER HELP .

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKS.

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LLB.(MUMBAI),ADVOCATE

MOBILE.9960223100, 9271971251

e.mail.nandkumarbs@sify.com

e.mail.advocatesawantnb@yahoo.com

vijay sahni (LAW PROFESSIONAL )     25 September 2010

 

Why are you trapping the legal consequences when you have a clear heart to repay the old amount due to him? Please  negotiate & pay the amount. Your friend have options to file civil suit against you and in case the cheque was issued without date he can put a current date and initiate criminal suit under sec 138  NI Act.  

DEEPAK ASSOCIATES (08010117611)     07 October 2010

The Limitation has been expired under N.I., Act 138 and recovery case if the date was put  4-5-2003  on cheque. The ingridient to institute the case u/s 138 are

01.   Cheque must be presented with in Six month of its validity

02.   Notice of demand must be served within 30 days from the date of informatin received

03    the case be presented in the competant court after the expiry of 15 days of notice, if no payment received, within 30 days e.g.

Cheque is dated 1.1.2010  it should be presented within its validity of Six month i.e. upto 30.06.2010

supposed cheque bounced on 01.01.2010 and bank send the information to the holder on 03.01.2010 and he received the information on 04.01.2010. then the notice must be serviced within 30 days i.e. upto 02.02.2010 and wait for payment for 15 days after served the notice. supposed served on 05.01.2010, then wait till 20.01.2010

Thereafter the case be filed within 30 days ie. from 20.1.2010 to 18.02.2010.

Now a provision to condone the delay period has been introduced but there seems no circumstance to condon the delay period

Further a civil suit can be filed upto 3 year from the last transaction for recovery.  A summery suit under CPC may be filed. But the holder has also failed to do. 

There seems no circumstance or fact of u/s 420 IPC. However another view is also exist

NO Need to worry.

bhupender sharma (head)     07 October 2010

the case is hopelessly barred by limitation neither civil or criminal can' t be filed.  


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