Legal Question in Criminal Law in India

Redeposit of chq
Hi, After issuing notice on 138 can we re-deposit the cheque ?

On first deposit cheque got bounced with in-sufficient fund. Notice has been served and got reply in 15 days with the reason why client is not paying. After this can we re-deposit this cheque again ? What happend on next bounce ? Again can we issue another notice under 138 ?

Any link which can explain details on cheque bounce under 138 !

Asked on 6/28/07, 10:27 am

3 Answers from Attorneys

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Re: Redeposit of chq

Since the cheque is bounced and notice has already been served then you must have to file complaint u/s.138 N.I.Act other wise there will be bar in filing complaint u/s 138 N.I.Act if you would choose to redeposit cheque again nor any notice thereafter shall have any force in law.

Answered on 6/28/07, 12:46 pm

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Shrichand Nahar S.V.Nahar, Advocate

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Re: Redeposit of chq

You can re-deposit the cheque within the period of its validity. You can also send the notice if it bounches again. However, you won't be able to initiate prosecution u/s.138 NI, if not initiated within prescribed period after the first notice.

Answered on 7/01/07, 4:08 am

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