Legal Question in Criminal Law in India

NI Act

Delhi High Court has held as

follows:

Here is a complaint under Section

138 of the Negotiable Instrument

Act filed before an ordinary Criminal

Court/Magistrate. Therefore, the

governing section would be Section

138 of the Negotiable Instrument

Act which deals with �offence� and

not �transaction� . It is held in

number of cases that the cause of

action for filing of the complaint

arise only after the notice of

dishonour of the cheque is given

and payment is not made within 15

days of the receipt of the said

notice. Therefore, date on which

cheques were handed over would

have no bearing and it is only when

the cheque is presented for

payment and is dishonoured and

even after notice of dishonour is

given and payment is not made by

the drawer of the cheque within 15

days of the receipt of this notice,

cause of action for filing of

complaint would arise.

Is there any Supreme Court

judgement supporting the above

judgement. Please quote.


Asked on 4/25/09, 11:28 pm

3 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: NI Act

Why do you require a Supreme Court Judgement for this. The High Court has just retierated the relevant provision of the Law in its judgement.

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Answered on 4/28/09, 3:24 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: NI Act

Your statement is correct. That is clear from the statute and that is also the settled law.

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Answered on 4/25/09, 11:49 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: NI Act

Please check website of Supreme Court or Law Journals.

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Answered on 4/26/09, 1:43 am


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