• Reply to cheque bounce notice under 138 ni act

I issued a post dated cheque to my interior on written promise that he will complete the all pending works, take cash and return the cheque. but after receiving the cheque he did not complete the works. i requested the bank after the expiry of due date, stop payment. informed him. but he tried to encash the cheque, which was bounced. now after nine months he sent a court notice under ni138. kindly advice me what to do now.
Asked 6 years ago in Criminal Law
Religion: Hindu

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14 Answers

Hello,

you have to tender a reply to the notice at the earliest.

 

regards

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

you have to apply for and obtain bail 

 

2) contest the false case filed by contractor 

 

3) take the plea that there is no debt due and paybale as work was not completed by contractor 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

See check firstly is complaint and notice of cheque bounce given in time, further you can file a reply and annex the copy of written promise note. further more that the work is due for that a consumer complaint can be filed by you.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

Is it a court notice or a legal notice?

kindly share the copy if the notice 

Anilesh Tewari
Advocate, New Delhi
18088 Answers
377 Consultations

Sir engage an advocate he will see that notice was given under prescribed limitation or not and further was filed in due time after one month from due date of notice(not court notice the person has to give you a notice with one month of cheque bounce to pay).

Sir before court notice you recieved no notice from the said person?

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

1) complaint would contain detailed averments as to when cheque was dishonoured , when notice was issued , when reply received . when complaint filed 

Ajay Sethi
Advocate, Mumbai
96426 Answers
7773 Consultations

Dear Client,

No demand notice issued/received before filling case. If not than case not maintainable.

Appear in court on next date, details you will find in court file. Hire local lawyer.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22944 Answers
31 Consultations

Is it Legal Notice or Court Notice?

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

No case of cheque bounce is made against you since the post-dated cheque in question was not issued towards discharge of an existing debt or liability, but rather for a future contingent amount.

 

Vibhanshu Srivastava
Advocate, Lucknow
9638 Answers
305 Consultations

You have option to approach the High Court and getting this cheque bounce case quashed.

Contact a local lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9638 Answers
305 Consultations

There is a statutory period of 15 days since the day the legal notice for cheque bounce is received by the defaulting party, to revert or take any necessary action.

In case there is no revert or action by the defaulting party, the aggreaved party should file a criminal case of cheque bounce under Sec 138 NI within 30 days of the close of 15 days since the notice was received by the defaulting party (within 45 days of receipt of legal notice by the defaulting party)

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Section 138 applies only in case of insufficient fund as as you have stop the cheque payment you have all the reason to contest and reply the notice received in this regard if there is no amount due then that should not be paid and if somebody is claiming you can file a case under section 419 420 and 406 in Criminal Court.

The payment in excess of rupees 10,000 is illegal and you need not to discuss this in future in any of your claims.

Please rate this answer if you like it

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

If you have received the notice from court, then you may appear before court and fight the case strongly opposing and denying his allegaions.

There appears to be no legally liable debt if what you say is to be accepted as fact.

Have you sent a letter ofr notice to the interior designer mentioning about his deficient service hence you are cancelling the cheque payment and also his contract.

This would enable you to fight the case properly and get acquitted.

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

how to check in time of complaint and notice. cheque dt. 25 jan2018. stop instruction on 30 jan 18. submitted to bank on 28 feb 18. court notice recd on 25 nov 18.

Since you have received summons from court, you may appear before court on the date of hearing, where you will be served a free copy of his complaint.
You can peruse the complaint and find out all the desired details.
You can consult with your advocate and discuss the issue in detail

T Kalaiselvan
Advocate, Vellore
86630 Answers
2315 Consultations

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