Legal Question in Banking Law in India

I was given a cheque before 10 yrs to my creditors and closed my account in the year 2004 can my creditors lodge a case of cheque dishoured in the year 2009 . cheque presenterd in 2009

Asked on 8/03/09, 10:15 am

4 Answers from Attorneys

RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

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yes, you can, however first you have to file the written statement. and take proper defence after due consultation with your lawyer

Answered on 8/03/09, 11:40 am

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J. Radhakrishnan independent Practice

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If your cheque is post dated and presented within 6 months of the date and the creditor issues the notice within the time frame mentioned in Sec.138 of N.I.Act, he can still prosecute you within one month from the expiry of 15 days of the receipt of notice by you for payment. pl. satisfy your obligations and avoid litigation

Answered on 8/03/09, 10:18 pm

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Aniruddha Pawse Aniruddha.P.Pawse Advocates

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you have not stated full facts eg whether there was any agreement, whether cheque was post dated if yes then creditors can file case for dishonour u/s 138 N.I Act.

Answered on 8/04/09, 9:46 am

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