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How do I proceed in a Section 138 Negotiable Instrument Act matter
06-May-2023 (In Cheque Bounce Law)
1. We provided a cheque to party (“payee”) and it bounced with the bank notation “insufficient fund” within the cheque validity period (6 months). 2. The “payee” of the cheque then sent us a legal notice within the 30 days of the stipulated notice period. 3. The “payee” also filed a case in this regard – but he did that on the 27th day of the 30 days’ notice period. So this was a premature case which has all the right to continue. However, he withdrew that case. 4. He then filed the case again (for the same cheque and same cause of action) within the valid time frame (i.e. within 1 month of the expiry of the 15 days from the service of the notice). Can the “payee” do that? If so, how should we approach this matter.
Cheque validity period is 3 months now instead of six months, I thought I should correct you instead of using an advocate's linguistics we would have appreciated if you would have used daily English to describe your ordeal as you fail us to make situation clear. Nevertheless. You need to provide us the last order of the case withdrawn because there lies the answer you are seeking.if it's in bankshall court we can help you or any court which is mentioned in my domain I will be help you to get the last order which is vital to the whole case. Then from thereafter we can proceed legally.
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Adv. Rahul Uday Singh
Kolkata | 200+ Answers
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