On instruction and power of attorney from our client M/s. ___ What _______________you ___________________for_ our customers that year by email communication from your employee Subsequently, you issued an order from the _________________amounting to Rs. ______________for _____________Â That you promised our customer to pay the cost of the product in the form of a check with the current date, as indicated in the order. Judges DY Chandrachud and AS Bopanna noted that this issue is no longer res-integra, as it is decided by a panel of three judges in Yogendra Pratap Singh v Savitri Pandey (2014) 10 SCC 713. The Court noted the following observations in that judgment: The main issue before the Court was whether knowledge of an offence punishable under section 138 of the Negotiable Instruments Act 1881 could be made on the basis of a complaint filed before the expiry of the 15-day period set out in the notice; Who, under Article 138(c) of that law, is to be remitted to the drawer of the cheque? In this case, the complaint was lodged before the expiry of a period of fifteen days from the date of communication. The trial court acquitted the accused. However, the High Court allowed the appellant`s appeal and convicted the respondent. The cheque bounce notification is a clear and serious indication to the cheque issuer that the cheque recipient can take legal action if payment is not made promptly. A notice under section 138 must be sent to the issuer of the cheque within 30 days after the cheque is returned because of its validity. Do you have a cracked cheque? Do you feel betrayed by breaking the promise? Don`t underestimate the “power” conferred on you by Section 138 of the NI Act! Send a legal notice to the seller in accordance with this section and make the most of your rights. Complaint u/s 138 of the NI Act filed before the expiration of 15 days from the date of notification is not allowed: A complaint of the Supreme Court u/s 138 of the NI Act filed before the expiration of 15 days from the date of notification shall not be upheld: Supreme Court The Supreme Court stated in its recent decision that a cheque cancellation action brought before the expiry of 15 days from the date of receipt of the notice by the subscriber of the cheque is not refundable. In the present case, the complaint was filed fifteen days after . This is without prejudice to all other legal rights and remedies available to our customer for the above purposes.
“Can an offence under section 138 of the NI Act be considered if the time limit provided for in paragraph (c) of the reservation has not yet expired? Paragraph 2(d) of the Code defines the term “complaint”. According to this definition, a complaint is any accusation made orally or in writing to a judge with a view to taking action against a person who has committed a crime. The commission of a criminal offence is a sine qua non condition for filing a complaint and having knowledge of such an offence. A simple reading of the provision of subparagraph (c) of the reservation makes it clear that no claim for an offence under section 138 of the NI Act may be filed unless the 15-day period has expired. Any complaint filed before the expiration of 15 days from the date the notice was served on the drawer/accused is not a complaint at all in the eyes of the law. It is not a question of prematurity of the complaint if it is submitted before the expiry of a period of 15 days from the date on which the notification was notified to it, it is not at all a complaint under the law. In fact, section 142 of the IRB Act creates, among other things, a legal obstacle preventing the court from becoming aware of a contravention of section 138 unless there is a written complaint. Given that a complaint filed under section 138 of the IRB Act before the expiry of 15 days from the date the notice was served on the shooter/accused is not a complaint within the meaning of the Act, it is clear that such a complaint cannot be made aware of a criminal offence. The mere fact that, on the date on which the court becomes aware of it, the period of 15 days from the date on which the notice was served on the drawer/accused does not mean that the court is entitled to find an offence under section 138 in response to a complaint filed before the expiry of 15 days from the date of receipt of the notice by the subscriber. of the cheque. If the check bounces back, the first step is to send the check bounce notification to the drawer and ask them to pay the amount. If he does not comply with the request, proceedings may be instituted against him. In order to take legal action and legal action against the subscriber, the following conditions must be met: “Since we have already established that a claim filed before the expiration of 15 days from the date of receipt of the notification under subparagraph (c) of the reservation to article 138 cannot be upheld, The complainant may not be allowed to: file the same complaint at a later stage.
His remedy consists only in filing a new complaint; and if the same thing could not be filed within the time limit prescribed in article 142 (b), his remedy is to claim the advantage of the reservation which satisfies the court for sufficient cause. Question (ii) will be answered accordingly. The notice is a model legal warning that gives the shooter 15 days to pay the amount of the unpaid cheque. The beneficiary has the right to take legal action. The beneficiary can also only take legal action against the respective defaulting subscriber if the money has not been paid within 15 days of receiving a notification. Sub.- Legal notice under Article 138 of the Law on Negotiable Instruments. If the check is presented to the bank for payment and it bounces back, the bank will return the check with a return slip indicating the reason for the return. If the bank rejects the cheque due to insufficient funds, the subscriber can be notified and legal action can be taken against him. Disclaimer: The materials provided here are for informational purposes only. No attorney-client relationship is created when you access or use the Site or the Materials. The information presented on this site does not constitute legal or professional advice.
It should not be used for such purposes or used as a substitute for legal advice from a licensed attorney in your state. That our client relied on your promise and according to your instructions, the ____ in your office under ____.