Legal Question in Criminal Law in India

Cheque Dishonour

Sir,

Thanks for hearing from you. I have issua a cheque to a party on behalf of a business dealing. And I do not have any legal documents to prove it. Later on the deal was cancelled. But party didn't return me back the cheque. Later on party dropped the cheque in their joint account (husband + wife), and cheque is dishonoured twice. Husband's name was written on cheque. After that they served a legal notice to me. They served me a notice thrice.

1.) Firstly, wife serve me a notice that she is a party. After getting notice I replyed her. Later on she denies on trial that she didn't know anything about it and hence she didn't serve any notice.

2.) Secondly, husband served a legal notice after a month. after few days he again

3.) serve a notice.

Sir, could you kindly tel me whether the case 138 Negociable Instrumental Act applicable to me ?

Or still my liabilies are prove that I took a loan from the party ?

Waiting for hearing from you.


Asked on 2/05/07, 5:33 am

4 Answers from Attorneys
D. M. Bhalla D.M LAW CHAMBER

Re: Cheque Dishonour

it is advisable to be offensive rather than defensive. they can file case u/s 138 NIAct, if filed in 45 days from notice. but complaint can be filed against you, better act before they do it.

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Answered on 2/09/07, 12:30 pm
M.P. SANJAY M.P. SANJAY M/s. Sanjay

Re: Cheque Dishonour

In your case 138 NI Act cannot attract. They can file a civil suit for recovery of money.

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Answered on 2/05/07, 7:43 am
mrugank patnaik msnp

Re: Cheque Dishonour

yes

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Answered on 2/05/07, 10:05 am

Re: Cheque Dishonour

If the case is not filed within 45 days from the date of first notice then the case u/s 138 N.I.Act is not made out.Complaint filed there after is not maintainable as per law.However complainant can still recover the ammount by way of civil suit but you also have the right to disprove their claim.

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Answered on 2/05/07, 12:47 pm


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