KANDE VENKATESH GUPTA (ADVOCATE) 15 September 2008
sanjay g mehta (lawyer) 20 September 2008
(i) What is the effect of the dismissal of the civil suit filed against X on the complaint u/s 138 of the N.I.Act?
no both are saperae proceeding , one is for recovery of monery while other is a penel section
(ii) What is the effect of wrong mentioning of the cheque number in the statutory notice as well as in the complaint?
mistake can be cured u/s 311 by recalling witness by showing typing mistake
(iii) Whether issuance of cheque on behalf of the others without any liability whatsoever and without specific undertaking,and bouncing the same, will attract the penal consequences u/s 138 of the N.I.Act
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 24 December 2008
I do agree with Mr. Sanjay,
Bindu (Junior Lawyer) 11 February 2009
Mr Sanjay is right, your explanation has helped in my matter.