Legal Question in Banking Law in India

banking law

mr suresh and mr ramesh having bussiness relation.mr suresh issued a cheque of Rs 50000

dated 1/1/07 mr ramesh deposited said cheque on 1/1/07 with his bank .the said cheque was dishonored

on same date mr ramesh issued a legal notice informing about on date 10/1/07 and the same was received by suresh

on 15/1/07 and there was no responce from mr suresh.

on date 1/2/07 mr ramesh redeposite the said cheque in his

same bank and he received banker slip on 7/2/07 that the cheque could not be encashed mr ramesh therefore issued a

fresh legal notice on 15/2/07 which was received by mr suresh on 20/02/07 mr suresh replide the said notice by

a notice and denied the same

mr ramesh filed a complaint under sec 138 of negotible instument act 1881 on 10/3/07 stating that the amount

was due to be recoured by way of debt or other liability.

as an law student how i draft the case.plz give me advice.


Asked on 9/03/07, 8:58 am

3 Answers from Attorneys
muhamed mustaque mk associates

Re: banking law

you may have to draft a complaint on the basis of first cuase of action ie based on notice issued on first dishonour of cheque. once cheque is dishonured and notice issued thereon, you may have to file complaint on the cause of action arose thereon, if first notice is notissued you can present cheque any number of time within 6 months, though client had issued second notice , no complaint can sustain based on second cause of action.

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Answered on 9/03/07, 10:13 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: banking law

good evening

well you have to draft a complaint on the grounds and cause of action based on the first notice you have served.

and when second dishonourment of cheque is concerned you may have to file a complaint.

if you need a draft for referance i would provide you. mail me.

all the best for your future career

jay hind

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Answered on 9/03/07, 11:52 am

Re: banking law

Firstly as per law complaint is not maintainable for the reason that after bouncing of cheque at first instance when the notice was issued then thereafter cheque can not be redeposited and notice can not be issued again nor the complaint on the basis of second notice is maintainable.Nevertheless,this is not the correct forum to put you alleged query.

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Answered on 9/03/07, 1:00 pm


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