Legal Question in Criminal Law in India

NI Act
Delhi High Court has held as
follows:
Here is a complaint under Section
138 of the Negotiable Instrument
Act filed before an ordinary Criminal
Court/Magistrate. Therefore, the
governing section would be Section
138 of the Negotiable Instrument
Act which deals with �offence� and
not �transaction� . It is held in
number of cases that the cause of
action for filing of the complaint
arise only after the notice of
dishonour of the cheque is given
and payment is not made within 15
days of the receipt of the said
notice. Therefore, date on which
cheques were handed over would
have no bearing and it is only when
the cheque is presented for
payment and is dishonoured and
even after notice of dishonour is
given and payment is not made by
the drawer of the cheque within 15
days of the receipt of this notice,
cause of action for filing of
complaint would arise.
Is there any Supreme Court
judgement supporting the above
judgement. Please quote.

Asked on 4/25/09, 11:28 pm

Pranav Desai PD Legal & Associates

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Re: NI Act

Why do you require a Supreme Court Judgement for this. The High Court has just retierated the relevant provision of the Law in its judgement.

Answered on 4/28/09, 3:24 am

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: NI Act

Your statement is correct. That is clear from the statute and that is also the settled law.

Answered on 4/25/09, 11:49 pm

Shrichand Nahar S.V.Nahar, Advocate

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Re: NI Act

Please check website of Supreme Court or Law Journals.

Answered on 4/26/09, 1:43 am

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