Legal Question in Criminal Law in India

Negotiable Instruments Act

I supply computer parts to dealers .. one dealer has given me security chq .. lately dealer is not sending cheques against materail i have supplied can I deposit the security chq and in case it get bounced .. can i file case under Negotiable Instruments Act


Asked on 3/13/09, 2:27 am

6 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Negotiable Instruments Act

Hello.

Good Afternoon.

Yes you can surely deposit the cheque and if in case it gets dishonoured you can proceed u/s 138 of the NI Act.

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Answered on 3/13/09, 2:34 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Negotiable Instruments Act

yes, you can file the complaint against the cheque in case the same is dishonoured.

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Answered on 3/13/09, 3:13 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Negotiable Instruments Act

Yes.

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Answered on 3/13/09, 6:51 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Negotiable Instruments Act

you can deposit the cheque for security only after informing the dealers about the same.

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Answered on 3/13/09, 8:08 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Negotiable Instruments Act

You may surely use the security cheque against the bill for material supplied by you. it may better to inform the drawer and send him a reminder for payment of material supplied before you present the cheque.

You may pursue remedy under N.I.Act if the cheque is not encashed.

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Answered on 3/13/09, 8:14 am
Pranav Desai PD Legal & Associates

Re: Negotiable Instruments Act

Ordinarily, there are judgments to the extent that security cheques does not attract section 138. However, if you are able to demonstrate that the cheque is against a legal liability then yes you can file section 138 complaint.

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Answered on 3/13/09, 1:32 pm


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