Legal Question in Criminal Law in India

Sir

I am a law student and I have some doubts in section 138 and 141 will you please clarify

1. whether a person can file case without any compliant in written format before JMFC

2. 2 cheques were issued by my friend (having a Pvt Ltd company) towards his legally enforceble debts to the complainant. Both the cheques were returned by him. Out of these 2 cheques one has been fully paid and also got it from complainant. 60% of the payment has been made for the 2nd cheque. Remaining payment is pendind due to inferior quality of the material supllied by the complainant

3. The complainant issued legal notice for the entire amount and mentioning both cheques.

4. Even after getting the payments can he file a complaint for both the chques..

5 . Now the complainant file the case u/s 138 and 141 of N.I act. Whether is maintenable.

6. I came to know that there is a case law regarding the same metter in Hon'bel High Court of Karnataka vide judegment 2010 (3) KCCR 1950. I do not know how to get it. Will y pls guide me


Asked on 9/02/11, 11:32 pm

2 Answers from Attorneys
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

u need to read the provisions of 141 well ... 141 talks about cases where a company is involved in dishonouring of cheques and 138 is penal provision so the compalint can be filed after serving notice ...

if u have paid one amount of cheque and rest is not paid ... he can not claim for both cheques ..

if the case is filed take all the defences u have mentioned here .....

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Answered on 9/06/11, 2:42 am
Sanjay Kalra Sanjay Kalra & Associates

You are a law student but this forum is for clients having legal problems and who cannot afford lawyers.

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Answered on 9/08/11, 4:00 am


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