Legal Question in Criminal Law in India

A party have issue me a cheque, the date of the cheque is expired. I have presented the cheque in bank. Party's banker dishonoured the cheque. Can I made a suit against him under section 138 ?


Asked on 2/27/11, 8:26 am

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

You can file a suit u/o 37 cpc. There is procedure for sec 138 N.I.act, which you have to follow.

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Answered on 2/27/11, 9:30 am
Vishwa Arya Arya & Co.

if the cheque was dishonoured as it had expired, 138 is not made out. you have to confirm the endorsement of the bank whether was it insufficient fund or stale cheque

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Answered on 2/27/11, 9:42 am


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