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When can I file a case under section 138 of NI Act ?
25-Apr-2023 (In Cheque Bounce Law)
Sir I given money to a person through my relative.That person issued PDC in my name but cheques are bounced.can i file case u/s 138 against that person.
Yes, if the cheque is given towards payment of anyour loan/debt or legally enforceable liability you can file a complaint under section 138 of NI Act. But before proceeding with the complaint you will have to give a legal demand notice withing 30 days from the date the cheque got dishonoured, if he does not pay the cheque after receiving the notice a complaint can be filed against him
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Adv. Prashant Kumar
Delhi | 100+ Answers
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Section 138 gets attracted when there is a liability on other person .for eg if you have given loan or sold something to him against which he has to pay payment !! It cannot be out of love.So if you had given loan and have any proof for the same ,you can file the complaint after serving a notice first..
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Adv. Nupur Goswami
Delhi | 25+ Answers
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Sir,
As you have enquired about filing case u/s 138 NI Act, 1881 certain important variants have to be determined beforehand .Since it has very small period in which is termed as limitation ,better meet personally to explain you the requirements.
As you have enquired about filing case u/s 138 NI Act, 1881 certain important variants have to be determined beforehand .Since it has very small period in which is termed as limitation ,better meet personally to explain you the requirements.
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Adv. Anand Shukla
Delhi | 100+ Answers
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You can validly file a case u/s 138 of the Negotiable instrument acts for that you will have send him an advance demand legal notice asking him to pay the concerned amount within a period of 15 days and even after the servicing of the legal notice he does not respond to your notice then you can seek the help of the court by filing a case u/s 138
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Adv. Suneel Kumar
Delhi | 200+ Answers
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INGREDIENTS OF OFFENCE UNDER SECTION 138
The cheque should have been issued for the discharge , in whole or part, of any debt or other liability
The cheque should have been presented within a period of six months or within its validity period whichever is earlier.
The payee or holder in due course should have issued a notice in writing to the drawer within 30 days of the receipt of information by him from the Bank regarding the return of the cheque as unpaid.
After receipt of the said notice from the holder in due course, the drawer should have failed to pay the cheque within 15 days of receipt of the said notice.
The cheque should have been issued for the discharge , in whole or part, of any debt or other liability
The cheque should have been presented within a period of six months or within its validity period whichever is earlier.
The payee or holder in due course should have issued a notice in writing to the drawer within 30 days of the receipt of information by him from the Bank regarding the return of the cheque as unpaid.
After receipt of the said notice from the holder in due course, the drawer should have failed to pay the cheque within 15 days of receipt of the said notice.
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Adv. Naresh Kumar
Delhi | 100+ Answers
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