A party have issue me a cheque, the date of the cheque is expired. I have presented the cheque in bank. Party's banker dishonoured the cheque. Can I made a suit against him under section 138 ?
Asked on 2/27/11, 8:26 am
2 Answers from Attorneys
Sanjay Kalra
Sanjay Kalra & Associates
You can file a suit u/o 37 cpc. There is procedure for sec 138 N.I.act, which you have to follow.
Answered on 2/27/11, 9:30 am
Vishwa Arya
Arya & Co.
if the cheque was dishonoured as it had expired, 138 is not made out. you have to confirm the endorsement of the bank whether was it insufficient fund or stale cheque
Answered on 2/27/11, 9:42 am
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