Legal Question in Criminal Law in India

I was given 2 cheques of each one lac by my employer for salary.Initially both the cheques were dishonoured due to " insufficient fund"

The same chheques were presented in the bank now dishonoured with a reason " stop payment advise by the issuer"

can i still proceed for case 138?


Asked on 9/11/12, 10:50 am

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you can issue a legal notice within one month from the date you received the cheques back with the memo showing stop payment by the drawer. thereafter, if the drawer do not pay up within 15 days of receiving the notice, you can file a complaint u/s138 N.I. Act, within one month thereafter.

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Answered on 9/11/12, 8:44 pm
Sanjay Kalra Sanjay Kalra & Associates

YES

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Answered on 9/11/12, 10:44 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Yes you can file a case u/s 138 NI Act after issuing legal notice.

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Answered on 9/12/12, 3:54 am
Shrichand Nahar S.V.Nahar, Advocate

You may.

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Answered on 10/15/12, 3:15 am


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