Regarding Cross Cheque bounce due to stop Payment
Sir, I have got a cross cheque of 1,10,000/- from an client on 22/02/2014 , The client repeatedly told me to drop the cheque after 20 May, as the validity period of the cheque was a day after, I Dropped the cheque in bank on 21/05/2014 . The Cheque bounced, for reason of stop payment from the client on 21/02/2014.[Date before the Issue of the Cheque] So sir can I file a case under NI act 138? please guide meType your question here. Do not use ALL CAPS..
Asked 3 years ago in Criminal Law from Sawantwadi, Maharashtra
1. Yes, you can file case u/s 138 of NI Act.
2. DO send him notice for payment within one month giving him 15 days time.
2. if expiry of 15 days from the date of your notice, he does not make the payment, then file within next 30 days.
Not only 138 N I Act , but also you can file a case of cheating as well as criminal breach of trust in local court, because your client deliberately issued cheque to u, knowing it very well that cheque would not entertained because of stop payment on the previous day i. e 21.2.14.
You can file a criminal complaint against him under section 138 of N.I Act read with section 420 of Ipc before court but you have to send a legal demand notice and give him 15 days if he is not ready to make the payment within 15 days from receipt the notice then you can file the complaint before court.
Feel free to call
Advocate, New Delhi
1. Yes, you can file a case u/s138 of N.I.Act,
2. Moreover, you can also lodge a police complaint u/s420, 406, 120(B) of IPC for cheating you.