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
6 Answers from Attorneys
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.
Re: Negotiable Instruments Act
yes, you can file the complaint against the cheque in case the same is dishonoured.
Re: Negotiable Instruments Act
Yes.
Re: Negotiable Instruments Act
you can deposit the cheque for security only after informing the dealers about the same.
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.
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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