Legal Question in Business Law in India

Under NI act, 1881

Can we file a case under NI ct , if the cheque returns unpaid and in the return memo bank marked ' Funds not cleared and present again' . Please note that there was no time for represent(almost reached six months). It is understood that there were no funds at all in the account and more than 50 cheques were bounced duringthat period of 3 months.


Asked on 3/07/09, 2:57 am

4 Answers from Attorneys

Pranav Desai PD Legal & Associates

Re: Under NI act, 1881

Yes, you can file a case

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Answered on 3/08/09, 12:36 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Under NI act, 1881

You should go ahead with the procedure under section 138 of NI Act without any delay.

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Answered on 3/07/09, 8:09 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Under NI act, 1881

When the cheque bounced due to lack of funds in the account you have not mentioned.You should have filed a case in the court much earlier,which means as soon as you got back the cheque.However you can file u/s 138 of NI act asap.

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Answered on 3/07/09, 9:23 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Under NI act, 1881

you will have to take fresh cheques.

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Answered on 3/09/09, 5:00 am


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