Bunny Chintu 26 October 2022

STC CASE

dear experts
A person given a notice under section 138(b)
calling upon to pay the amount on a dishonored chequ for an amount of rs 24,00,000/- to an X for which X issued a reply notice to give the loan details fully to the person. the cheque is about 8 years also paid the amount but not returned.
but instead of giving reply or filing a case under section138 of NI Act the person filed STC notice.
how it maintainable ?
kindly let me have a suitable advice on this?

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Quick Summary

This discussion revolves around a complex legal scenario where an individual issued a notice under Section 138(b) of the Negotiable Instruments Act for a dishonoured cheque. However, instead of proceeding with a Section 138 case, the issuer filed an STC notice. The core question is whether this STC notice is maintainable given the circumstances, particularly when the recipient requested loan details and the cheque is old. Experts are seeking clarification on the relevance of the STC notice in this context.

3 Replies

Dr J C Vashista (Advocate) 27 October 2022

The facts / query is not clear, redraft for consideration and obligation of experts

It is better to consult a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.if it is not an examination hall question.